Project Assignment – Tort Assessment:
Based on the findings from the four Safety Checklists completed, write a memo to your principal including the following:
Potential Torts: Identify a minimum of three problem areas that may leave the school vulnerable to tort claims, (e.g., broken playground equipment; loose tiles in the hallway). For each problem area, provide a rationale for why it is a potential tort. In the event you are unable to identify three or more potential torts, identify three or more areas in which the school is fulfilling its duty of care and how they go about it, thereby limiting the potential for tort claims.
NOTE: For detailed information on Tort Liability, refer to Chapter 10 in the Stader text.
Recommendations: For each potential tort, detail suggestions for remediation of the problem. For each duty of care noted, detail procedures the school utilizes to ensure that safety is properly maintained.
Related Case Law: For each potential tort (or duty of care), cite relevant case law to support the recommendations made. A minimum of 5 total case law citations is expected.
Note: If you share your recommendations with your principal, make it clear that the purpose of the project is to assist you in learning about the potential for litigation due to safety issues. Assure the principal that the findings will only be shared with the instructor of the course. Be certain that you do not appear critical of the principal’s job performance relative to the facility problems noted.
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