The Liability For Student Events Essay
“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 attending an off campus sophomore picnic. According to Kaplin & Lee (2013) the injured student was a backseat passenger of a vehicle driven by a fellow classmate. The injury occurred because Rawlings, the driver, lost control of the vehicle causing a collusion where Bradshaw received critical injures. The fact that both students were intoxicated and were under the legal drinking age, did not stop Bradshaw from filing a liability negligence suit against the institution on the grounds that the college owed a duty of care. The institution disputed on appeal saying that “the college argues that Bradshaw failed to present sufficient evidence to establish that it owed him a duty for the breach of which it could be held liable in tort”…