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Exam Prep Question 1 Paul, aged three years, was badly injured when he fell from a third-floor balcony at the apartment block where he lived with his mother, Deirdre. At the time, Deirdre was semi-conscious as a result of drinking heavily and taking heroin.
Before shooting up with heroin, Deirdre opened the sliding door to the balcony of her apartment, so that Paul could play outside in the sunshine. She then left him outside alone. The railing around the balcony did not reach all the way to the floor of the balcony; there was enough space for a child as small as Paul to pass beneath the railing.
It is not clear how Paul came to fall. He does not remember exactly what happened, and no-one saw the incident. The State family services agency had previously taken custody of Paul after neighbors had informed it that he was being neglected and abused by Deirdre.
The agency placed Paul with foster parents for six months while Deirdre underwent a substance abuse and detoxification program. After reviewing her case, the agency returned Paul to Deirdre.
Paul fell from the balcony one month later. The agency took no steps to respond, as it only has the resources to respond to reports of actual neglect or abuse. Deirdre rented the apartment from Downside Apartments, Inc.
No warning about the safety of the balcony was given, either by the agent in person, or by signs in the apartment. After the fall, Paul was taken to the local hospital by a neighbor.
Deirdre and Paul have no private medical insurance. No other actions have yet been brought. State family services agency 1.
Standard of care Paul could allege that the State family services agency was negligent in two different ways: The question of whether the State family services agency acted negligently would depend upon an evaluation of what a reasonable agency in the same position would have done, which would be a mixed question of fact and law for the jury to decide.
If it acted with reasonable care in making that assessment, then obviously it will not be held liable because it was not negligent at all. Proximate cause If the agency failed to take reasonable care in the assessment and return of Paul, an issue of proximate cause arises.
The possibility that Deirdre might not be able to look after Paul because of substance abuse was the very risk that the agency should have guarded against when considering whether to return Paul to Deirdre.Free, non-profit, critically annotated aid to philosophical studies of warfare.
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There are five different torts that can be the subject of court actions, the most common being Negligence. Good morning students of [example], my name is [name] and I am here to give you a brief talk on an area of civil law.