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Help me with this senerio?

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  • Help me with this senerio?

    I have to give an answer to a senerio and list some court cases to back up my argument for a law class. Any help would be appreciated. This is the senerio. After a hurricane had damaged a tree near a school, the tree was removed but the stump remained. When a teacher took her class out to play at recess, she told them to stay away from the tree stump. A boy was playing near the stump and was warned an additional two times to stay away. While the teacher was monitoring another part of the playground, she did not see the boy fall on the stump. The boy substained a lacerated pancrease. The parent's sued the teacher for negligence. Was the teacher negligence? I need reasons to support my answer followed by court cases that support my answer.
    Memphis PD
    **********
    Written Exams (passed)
    Physical Ability Test (passed)
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  • #2
    Scenario....
    "When I close my eyes.....I'll see you on the other side....!!!"

    Hate to put it this way skippy, buy every night I suit up and climb in the cruiser I'm at war. I'm always outnumbered, potentially out gunned and always behind enemy lines.

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    • #3
      Originally posted by Duck Hunter View Post
      I have to give an answer to a senerio and list some court cases to back up my argument for a law class. Any help would be appreciated. This is the senerio. After a hurricane had damaged a tree near a school, the tree was removed but the stump remained. When a teacher took her class out to play at recess, she told them to stay away from the tree stump. A boy was playing near the stump and was warned an additional two times to stay away. While the teacher was monitoring another part of the playground, she did not see the boy fall on the stump. The boy substained a lacerated pancrease. The parent's sued the teacher for negligence. Was the teacher negligence? I need reasons to support my answer followed by court cases that support my answer.
      This scenario is fairly difficult for a law enforcement officer to answer because this is a civil issue. Law enforcement officials may be called to this issue and even write just an informational report. However in the informational report it would merely stated the facts and would not label a subject involved as at fault.
      Civil litigation is something that law enforcement officers try not to get involved in and since there would be no criminal repercussions in the incident as you stated it. It would be better to ask a civil litigation attorney to cite case law and things of that nature as we do not deal with such things.

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      • #4
        Based on that scenario...the teacher would not be sued, the school and school board can be sued. The teacher could just lose her job. Vicarious liability...get to the one with the deeper pocket.
        I DON'T FIGHT TO WIN, I FIGHT TO SURVIVE.

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        • #5
          In my scenario -
          The parents are sued by the teacher (using the school district's attorney) for not teaching little Johnny to obey his teachers. Little Johnny gets suspended (after his precious little pancreas heals) for disrupting class and causing undue stress to his teacher and classmates.

          Never happen, but still....
          “We don't disagree, you are wrong. Until you have a clue what you are talking about we can't disagree.” - cgh6366

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          • #6
            Originally posted by nuthead View Post
            In my scenario -
            The parents are sued by the teacher (using the school district's attorney) for not teaching little Johnny to obey his teachers. Little Johnny gets suspended (after his precious little pancreas heals) for disrupting class and causing undue stress to his teacher and classmates.

            Never happen, but still....
            Ooh, I like that one! Alternatively, you could try suing the hurricane - after all, it's got a name, doesn't it?
            If trees could scream, would we be so cavalier about cutting them down? We might, if they screamed all the time, for no good reason.

            ---Jack Handey

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            • #7
              Tell your instructor, you are becoming a police officer, not a lawyer... It's a civil issue...

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              • #8
                Civil, no criminal offense. As an Officer you'd show up and write the report noting facts not opinions.
                sigpic

                I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

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                • #9
                  Originally posted by nuthead View Post
                  In my scenario -
                  The parents are sued by the teacher (using the school district's attorney) for not teaching little Johnny to obey his teachers. Little Johnny gets suspended (after his precious little pancreas heals) for disrupting class and causing undue stress to his teacher and classmates.

                  Never happen, but still....
                  Oh my oh my what happened to those days...
                  Little snot nosed punk kids and their parents are all sue happy
                  I got nothing for now

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                  • #10
                    Civil..........

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                    • #11
                      True!!!!

                      Originally posted by Duck Hunter View Post
                      I have to give an answer to a senerio and list some court cases to back up my argument for a law class. Any help would be appreciated. This is the senerio. After a hurricane had damaged a tree near a school, the tree was removed but the stump remained. When a teacher took her class out to play at recess, she told them to stay away from the tree stump. A boy was playing near the stump and was warned an additional two times to stay away. While the teacher was monitoring another part of the playground, she did not see the boy fall on the stump. The boy substained a lacerated pancrease. The parent's sued the teacher for negligence. Was the teacher negligence? I need reasons to support my answer followed by court cases that support my answer.
                      This is a legal question, not for law enforcement, try this link that I placed below, this should help you if you wish!
                      http://forum.freeadvice.com/
                      Take care and stay safe!
                      Ralph8119
                      A Little Something Else For Those 60's & 70's Music Lovers On Line!
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                      http://www.policeny.com/home.html

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                      Inside The New York City Police Academy!
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                      • #12
                        A punctured pancreas? Was the tree stump made of sharpened steel?

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