Tort Law Negligence Skits Assignment

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Victoria George
6 years ago
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1 Skits Assignment I. Banana peel a. Facts: anywhere public, ld banana peel n the grund b. Anju v. Bstn Elevated Railway C.: black and nasty banana peel left n the grund and and smene slipped and fell n it. This was back in 18 smething. Trt suits are nthing new. II. III. IV. Inherently dangerus bject: chainsaw/buzzsaw/etc a. Facts: in the family back yard, tns f peple and kids, bject lying arund b. Lubitz v. Wells: in this case, it was a glf club, which was nt an inherently dangerus bject; here the saw is clearly dangerus, and leaving it ut wuld be negligent. Scissrs/Twel/Smething left in bdy after surgery (Medical Malpractice): a. Facts: in a hspital, discvered after surgery b. This has happened multiple times, ne case is Byce v. Brwn, where a screw was left in a patient s ankle. i. Additinal example: cases f peple have wrng leg amputated. Pisn/Unlabeled medicine: a. Facts: pharmacy, selling ptentially lethal drug w/ instructins n hw t take it. Law in this skit is that a pharmacist has t instruct smene hw t take the medicine. b. Osbrne v. McMasters: Pisn case It is negligence per se t have a duty t fllw a law and nt fllw it thus causing smene injury r death. V. Milk (r sme type f ld fd) (Reasnable Persn standard): a. Facts: wrkers at the restaurant knw the milk/fd is bad and serve bad/ld fd b. Gulf Refining C v. Williams: An actin fr negligence exists when the defendant incurs a risk that makes pssibility f harm real enugh that the rdinary prudent persn wuld take actin. VI. Lck (int a swimming pl, r smewhere fun) that is unlcked, (Attractive Nuisance) a. Facts: lck ges t a bunch f 8-year-ld kids; it is fr swimming pl that is never lcked when n lifeguard there and clsed b. Chicag B & O Railrad C. v. Krayenbuhl: Attractive nuisance when wner f dangerus premises has reasn t believe that children trespassers will want t g nt the dangerus premises, the wner has a duty f care t prevent the kids frm the risk. Have grups get tgether and study facts t create a skit illustrating negligence invlving the assigned prp and fact pattern. Walk arund and help grups create their skits and identifying the elements. Each grup will als write up a summary/explanatin f skit that identifies the 4 elements - this will be turned in, and s shuld be clear and legible. Have each grup present skit then ask their classmates t identify the fur elements the grup will then explain their skit. Summary (t be turned in) f skit and claim: duty, breach, cause, harm

2 Banana Peel Banana peel is n the grund n private prperty that is a public place (like a mall, bus statin r grcery stre). The peel is ld and mashed up, and has clearly been n the grund fr a while.

3 Dangerus bject, like a chainsaw, buzz saw, sht gun, etc. The bject is lying in the backyard with a lt f neighbrhd kids running arund.

4 Scissrs/twel/screw The bject has been left in the bdy f the patient after surgery. Patient has cnstant stmach pain.

5 Unlabeled Bttle Pharmacist sells unlabeled bttle t custmer. There is a law in this State that requires all medicines t be labeled and fr the pharmacist t prvide instructins n prper use.

6 Old empty milk jug r sme ther ld fd cntainer (past the sell by date). Owners f their wn restaurant have ld fd (that is way past the sell-by date) and decide t serve it t custmers withut telling them.

7 Unlcked lck t smething fun The unlcked lck is fr a swimming pl that is always unlcked, even when the pl is clsed and n lifeguard in n duty.

These are medical emergencies that can cause death. If possible, remove OTFC from the mouth.

These are medical emergencies that can cause death. If possible, remove OTFC from the mouth. MEDICATION GUIDE Oral Transmucsal Fentanyl Citrate (OTFC) CII (fentanyl citrate) ral transmucsal lzenge 200 mcg, 400 mcg, 600 mcg, 800 mcg, 1200 mcg, 1600 mcg IMPORTANT: D nt use Oral Transmucsal Fentanyl