Abstract
This paper describes issues of legal negligence ascribed to a coach based on a football player's failure to buckle his football helmet during play which resulted in an injury to the student's neck. Immunity, negligence and comparative negligence are examined in the paper. The paper finally makes a determination, along with assumptions in making the determination, that the proper defense was comparative negligence.

From the Paper
"We live in a litigious society. People who feel they have been wronged will file lawsuits against whom ever they can ascribe blame to; school coaches are no exception. While the laws governing tort liability vary per state, this paper will describe a generic football based neck injury for failure to buckle a football helmet during play and discuss the legal categories of negligence and comparative negligence as applicable to this case. The paper will conclude with a discussion on which of the two categories is more appropriate as a defense. The injury: Bobby Jones, a high school senior on the varsity football team had been playing junior high and high school football for the last 6 years. During one of the final games of the season, despite the coach's explicit directions to buckle his football helmet, Bobby failed to do so."

Tags:coaching, liability, negligence

Abstract
The paper discusses slip and fall legal cases as an example of the tort of negligence.

From the Paper
"A tort is generally defined as a civil wrong not arising from a breach of contract, which is a breach of a legal duty that proximately causes harm or injury to another. (Miller, Jentz) Negligence occurs when there is a failure to exercise the standard of care that a reasonable person would exercise in similar circumstances. In the case of "Tom v. SS Kresge Co Inc"..."

Tags:tort, negligence

Abstract
This paper discusses the tort of negligence as part of the American legal system, focusing in particular on negligence in coaching. The author gives three example court cases where coaches were put on the stand, accused of negligent supervision, and negligent instruction and then highlights the law governing this area of negligence with these examples. The paper also analyzes when facts of a case demonstrate improper supervision. Since analyzing cases of coaching negligence is a grey area, the paper cautions that parents and students are obliged to understand the possible consequences of participation in sports.

From the Paper
"Liability for civil wrongs, such as the tort of negligence, is a prevalent and crucial part of the American legal system. Negligence is defined as behavior by a person divergent from what an ordinarily prudent and reasonable person would have done in the same situation. Private parties must have recourse for redressing civil infractions against their persons and property; otherwise parties would be tempted to take matters into their own hands. Conversely, there must be a firm burden of proof for establishing a negligence case, or defendants could be harassed with baseless lawsuits to no end."

Tags:case studies, torts, civil wrongs

Abstract
This paper explains a hypothetical legal case in which Jack must represent himself; Jill is suing Jack for negligence because she had coffee at Jack's office that was scalding hot and burned her mouth and face. The paper reviews the details of the significant precedent case of Stella Liebeck versus McDonald's in which she sued them for negligence after she opened a cup of coffee, held between her knees, spilling the coffee and giving her third degree burns. The paper outlines the elements of negligence cases to determine the most effective means for Jack's response, which is thought to be contributory negligence.

From the Paper
"You can assert to the judge and jury that, in light of these findings in the McDonald's coffee case, your coffee pot maker is no hotter than coffee pot makers in other offices or homes. You us a regular coffee maker just like everyone else, and are under no pressure to sell a certain amount of coffee daily or package that coffee accordingly. The only possible argument anyone may pose is to say that in your line of office work you are regularly giving people coffee, which is a fair assumption."

Tags:precedent, process, culpability, duty, injury

Abstract
The evolution of product liability in terms of the law of negligence represents one of the more fascinating developments in tort law over the past two centuries. In the 21st century the issue of product liability is particularly prominent in the public consciousness with the increasing size and economic importance of the industrialized consumer economy. This essay focuses on the law of negligence with particular reference to the issue of product liability.

Tags:law, product, liability

Abstract
This paper presents a case study discussing negligence law. It describes the particulars of the case and then lists the points that are necessary in order for someone to be found negligent. The paper describes the courses of action that can be taken by both parties and what their defenses would be. It then describes the likely outcome in this particular case.

From the Paper
"As said before, because there is a legitimate question as to Giselle's employer's fault, the liability insurance company will most likely decide that it is in their best interest to continue to defend the case. Their next move will be to file a Motion for Summary Judgment, which as the court to dismiss Monty's action do to it lacking any debatable issue of fact. Monty will have a time to respond to the Motion. After the judge receives all the moving papers, he or she will issue an opinion."

Tags:claim, insurance, liability

Abstract
This paper explores the legal codes that bind teachers and school districts and focuses on the issue of liability and negligence.

Tags:legal, code, teacher

Abstract
The first part of the exam concerns analyzing the liablity of damages sustained in the hypothetical case of someone yelling fire in a crowded classroom. The second question concerns examing the liability of a volunteer referee in a hockey game for injuires sustained by a player at the hands of another.

From the Paper
"To properly advise Shania as to whom may be legally liable for her injuries, a general overview of negligence theory should be reviewed with her and then the specific test established in these theories need to be applied to each of the probable defendants. The basic overview of negligence breaks down to three parts, duty of care, a breach of that duty of care, and the if the damages were a result of that breach of duty. Each actor in this classroom melodrama is a potential defendant, and each will be measured against this yardstick, and liability may not rest only with..."

Tags:negligence, exam, questions

Abstract
This paper addresses altered tort law which made the right to information of the patient more important than medical standards and required doctors to fully inform patients of risks, including a tiny percentage of risk attached to an essential surgical procedure. The paper discusses other factors that involve definitions of consent and liability in several scenarios involving Australia's climate of litigation till recent shifts instigated by the government's law review. The paper compares Australian tort law to the U.S. and British law and also shows how the litigation/malpractice insurance crisis in Australia has induced reform.

From the Paper
"Adjusted Australian tort law after the later 1990s required that Australian physicians fully inform patients as to the risks of all advised procedure and treatments in an important shift from the concepts of accepted medical practice and professional expertise and opinion to the rights of the patient. (Skene & Smallwood: 2002) An important result has been a crisis of medical indemnity, much litigation from the mid-1990s to 2005 and a resulting hike in malpractice insurance rates that made simply practicing medicine prohibitive. In American and British law, matters of..."

Tags:medico, legal, australia, law of torts

Abstract
This paper is a brief review of a tort case in which a young child was injured as the result of an improperly fastened load. The paper suggests that the individual who advised the proprietor on the matter was more culpable than the actual owner of the rig - and that driver, by virtue of his actions, was also culpable for the child's injuries. The paper suggests, ultimately, that restitution for the emotional duress of some of the witnesses will be inevitable.

From the Paper
"There can be little doubt that tort negligence is a significant and complex part of the legal canon. This paper will examine tort law as it relates to the particular case of Malcolm v. Neil. More specifically, this paper will examine the culpability of Malcolm (and of Neil) and attempt to determine the extent to which both parties are responsible to Peter and to Oliver and Rachel - and the extent to which Neil is responsible to Malcolm. In the final analysis, it appears that the laws governing tort negligence allow Neil very little defense for his actions. To begin with, there is t he matter of "fore-seeability". The modern conception of foreseeability dates back to 1932 when Lord Atkin, offering his opinion in the case of Donoghue v. Stevenson held that individuals "must take reasonable care to avoid acts or omissions.""

Tags:law, tort, malcolm