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LAW-201-OL-Case Study 2

LAW-201-OL-Case Study 2

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Published by christine_salvemini

Steve Simple is a pledge in Zeta Iota Tau

Steve Simple is a pledge in Zeta Iota Tau

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Categories:Types, Business/Law
Published by: christine_salvemini on Nov 13, 2012
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09/17/2013

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Running head: Case Study 2 1LAW-201-OLThomas Edison State College
 
Case Study 2 2
Abstract
Steve Simple is a pledge in Zeta Iota Tau (ZIT) fraternity at Minor State TeachersCollege (MSTC). As part of his pledge duties, he is sent to climb the campus water tower to
repaint the fraternity’s Greek letters, which had faded in the last year 
(the tower has beencovered, virtually throughout its existence, with graffiti placed on it by students). The nightSteve climbs the tower a tremendous thunderstorm is in progress, making the steps quite slipperyand exposing anyone climbing the tower to a great danger of being hit by lightning. Fortified bya six-pack of Hudepohl beer ($1.89 warm at the local convenience store), Steve nonethelessdecides to make the attempt. Unfortunately, Steve is electrocuted halfway up the tower by a short
circuit in the tower’
s pumping mechanism. The short circuit was the result of a failure to performproper maintenance (this being deferred by MSTC so that it could pay higher faculty salaries)and was something that had happened before (although only pigeons had been fried in the past).What is the potential liability of all parties in this case, in regards to the following:
 
Negligence
 
Fault
 
Chain of causation
 
Proximate cause
 
Assumption of risk 
 
Contributory negligence
 
Comparative negligence
 
Case Study 2 3
Unintentional Torts
A type of unintended accident that leads to injury, property damage or financial loss. Inthe event of an unintentional tort, the person who caused the accident did so inadvertently andtypically because he or she was not being careful. The person who caused the accident isconsidered negligent because he or she failed to exercise the same degree of care that areasonable person would have in the same situation. People usually assume they will be able tosue and get compensation for their injuries, loss of wages, or damage to their property.(Cheeseman)
Let’s look at MSTC. It failed to maintain the tower in a proper manner. It was put
on notice, by the death of the pigeons, that its omission created a danger. There is no informationwhether it also failed to properly secure the property, but that is a reasonable inference based ontwo things. First, the fact that the kid was able to scale the tower in the first place. Second, sincethe tower was covered in graffiti.
Negligence
The most common kind of unintentional tort is negligence. You are negligent if youunintentionally cause injury to someone in a situation where you should have known your actioncould cause harm. In order for a defendant to be found negligent, the plaintiff must prove threefactors. First, the plaintiff must prove that the defendant owed the plaintiff a duty of care. A dutyof care is the obligation to avoid careless actions that could cause harm to one or more persons.Second, the plaintiff must prove that the defendant failed to provide the proper standard of carethat a reasonable person would have provided in a similar situation. The standard of care is a wayof measuring how much care one
 person’s
owes another. Third, the plaintiff must prove that theactions of the defendant were the cause of 
the plaintiff’s injuries. Determining the cause, known
as cause-in-
fact, is often done by applying the “but for” test. An injury would not have happened

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