Liability for Student Events
“Duty of negligence cases may be defined as a legal obligation which requires conformity to a particular standard of conduct towards another” (Georgia Law Review, 1980, p. 1). As colleges and universities continue to collective take on the role of being students temporary custodial guardian, liability suits will be a potential risk so the institutions must make clear what their standards are and be willing to make it known to every school member to lower risk of negligence. Looking at the case of Bradshaw v. Rawlings, it is noticed that negligence is an issue on many different levels with all parties involved.
Facts, Sources, and Disputes of the Case
Bradshaw v. Rawlings is a case where a student was injured while …show more content…
85-86). The question then becomes does the college have a duty of control and/or care? The college argued based on Kaplin & Lee (2013) writings that “a negligence claim must fail if based on circumstances for which the law imposes no duty of care on the defendant” (p. 81).
Rulings and Change of Facts
The ruling in the first trial case of Bradshaw v. Rawlings ruled that “all of the defendants were found liable except the Maennerchor Society” (Justia, 2016). The case went through several other appeals and rulings in the second jury trial ruled for Bradshaw rewarding him “$1,108,067 and gave the mother and step father $5,000 each.” The courts ruled in this way because according to Heinonline (2016)
The rationale typically given for the rule is that consumption of the alcohol rather than its provision is the proximate cause of the intoxication. 2 0 Therefore, the rule precludes any common law negligence-based right of recovery from the supplier for injury or damage resulting under these circumstances (p. 846).
College
“Duty of negligence cases may be defined as a legal obligation which requires conformity to a particular standard of conduct towards another” (Georgia Law Review, 1980, p. 1). As colleges and universities continue to collective take on the role of being students temporary custodial guardian, liability suits will be a potential risk so the institutions must make clear what their standards are and be willing to make it known to every school member to lower risk of negligence. Looking at the case of Bradshaw v. Rawlings, it is noticed that negligence is an issue on many different levels with all parties involved.
Facts, Sources, and Disputes of the Case
Bradshaw v. Rawlings is a case where a student was injured while …show more content…
85-86). The question then becomes does the college have a duty of control and/or care? The college argued based on Kaplin & Lee (2013) writings that “a negligence claim must fail if based on circumstances for which the law imposes no duty of care on the defendant” (p. 81).
Rulings and Change of Facts
The ruling in the first trial case of Bradshaw v. Rawlings ruled that “all of the defendants were found liable except the Maennerchor Society” (Justia, 2016). The case went through several other appeals and rulings in the second jury trial ruled for Bradshaw rewarding him “$1,108,067 and gave the mother and step father $5,000 each.” The courts ruled in this way because according to Heinonline (2016)
The rationale typically given for the rule is that consumption of the alcohol rather than its provision is the proximate cause of the intoxication. 2 0 Therefore, the rule precludes any common law negligence-based right of recovery from the supplier for injury or damage resulting under these circumstances (p. 846).
College