Who is liable?

This circumstance is full of oversight .So lets start from the very beginning.Bobby and Rachel were contend basketb solely on the school playground with a brand refreshed backboard and rim built and inst totallyed by ACE Sports. So this spic-and-span equipment was installed by ACE Sports and this is their fault that Bobby was injured. If an accident is ca apply by a defective product, the manufacturer and seller of the product are both liable regular(a) if the injured individual doesnt know which one was careless in creating or allowing the defect, or exactly how the defect happened.Also they were playing at the school playground, so the school authorities should stick to the security rules, and check school equipments. As we enkindle see Rachel was besides a good example of disregard, she wasnt aware of the premier aid rules and this is the fault of the school. She even didnt ca-ca any idea to take Bobby to the school First Aid lash .As it known The Health and Safety ( First Aid) Regulations, 1981, placed a general work on the University to describe adequate First Aid provision for all employees should they be injured or become ill at work.Each schooldays and/or building is in that respectfore required to providea summate of properly stocked First Aid Boxes appropriate to the risks of accidents or injuries that could spread out from school activities and to place these boxes in the care of an Appointed Person or qualified First Aideraccess to the services of one or more(prenominal) qualified First Aiders as appropriate to the work of the School (Area) notices better-looking the names and locations of the qualified First Aiders, Appointed Persons and the locations of the First Aid Boxes.The increase risk of injuries in recent years has made us all the more sensitive of the need for clear communication with youth and parents or legal guardians, for appropriate supervision for all activities, and proper maintenance of our facilities to sign up the possibility of accidental injury. The term risk management is often used to describe efforts to minimize possible injuries to those who are in care.A t each(prenominal)ers duty of care also relates to the quality of instruction or training provided to the students. Regulation 298 requires teachers to be responsible for effective instruction, training and evaluation of the get on with of pupils in the subjects assigned to the teacher.Ineffective instruction and training faecal matter creator serious harm to students, especially to those participating in activities that cast off the likely to place them at risk. When planning courses and activities for students, educators should consider what needs to be through with(p) to reduce risks of liability. Teachers must make every effort to address such(prenominal) crucial issues as the degree of supervision required, the instruction and training required to permit the students to function properly, and the condition of the e quipment to be used. So Rachel had no knowledge at all in this aria.The next element of negligence When they arrived at City General hospital, Bobby was immediately seen by a nurse who gave a large towel to Bobby. Nurse Williams told Bobby to put pressure on the repulse while she tried to get a hold of his parents. As we can see even the nurse didnt provide right first aid. Instead of towel she should give special bandage Individually draped Triangular Bandages (preferably sterile) can be used as a keep ones nose to the grindstone to stop bleeding, as a sterile covering for large injuries such as burns, as a bandage, or to make a sling. So we can judge her for the negligence because a person can be considered negligent whenever he or she had a duty to act conservatively and failed to do so. She failed not only provide first aid however also she made him to wait, instead of giving him certain treatment.Unfortunately this hospital shows us that a great part of its staff failed i n their duty Dr. Andrews, a surgeon who was going to have a lunch and sent him to make an x-rate, then ten minutes later, Nurse Williams who told Bobby to go to the roentgenogram department, Johnny, the x-ray technologist who took some x-rays and sent Bobby back. So lets spot to the STATE (TORT) LIABILITY LAW. there are three types of torts under state law, each with different levels of proof and focusing upon different elements of the injury or damage. endorse rules, precedent, and judicial discretion play a role in determine what type of tort law will be applied.NEGLIGENCE In this campaign, flavour or mental state do not matter. What matters is whether some unintended act or failure to act created an unreasonable risk to other member of society. (Examples speeding resulting in traffic accident not responding to 911 call) or so states have three levels of negligence (1) slight or mere (absence of foresight) (2) receipts (reckless disregard) this is our case and (3) crimina l. To be prosecuted under tort law for negligence normally requires at least level 2 since to be prosecuted for mere negligence requires considering foresee ability which would support charging the person with an intentional tort or not.Examples of gross negligence or accumulations of mere negligence constitute tip over indifference. This standard is usually satisfied by looking at whether or not the agency administration engaged in supervisory negligence. almost every decision a police administrator makes subjects them to possible liability. There are examples of supervisory negligence and our case relates to them reverse to treat also a liability of officers and jail manager not providing first aid, ambulance service, or counselling (given the foresee ability of suicide) Negligent entrustment Negligent assignment Failure to direct Failure to discipline Failure to investigate Failure to shelter Negligent classification etc.Negligence, according to Sr. Mary Angela Shaughnessy, S .C.N., J.D., is the most parking area of all lawsuits filed against educators. Negligence is an unintentional act or omission, which results in injury. imputable to the fact that negligence is unintentional, a person charged with negligence is broadly speaking not going to face criminal charges but monetary charges (Shaughnessy, 1996, pp.8-9).So I also can state that we deal with not only simple, normal negligence but with Legal negligence. Legal negligence must allow in four elements. If any of these elements is missing, legal negligence cannot be found. The four elements of negligence areDuty Violation of duty Proximate cause InjuryOur case has all this elements.The person charged with negligence must have had a responsibility or a duty in the situation. Injuries that occur at a place or time where the person does not have responsibility does not constitute liability. Violation of duty means that the person charged with negligence was not engaged in the responsibility or du ty. Accidents can happen even with proper supervision but there is no negligence if there is no violation of duty. And as we can see the violation of duty had a great deal in this case.Now I can state that I have entirely evaluated the dominance liability (tort or otherwise) of the various parties in this case.SOURCES1. Police Liability Concerning military man Rights2. Kappeler, V. (1993). Critical Issues in Police Civil Liability. Prospect Heights, IL Waveland Press.