Torts Decide the Dispute Discussion: Landowner’s Liability

This is a group discussion and you will be graded on your participation. You should review the following article:

https://www.dailymail.co.uk/news/article-3643538/Two-year-old-boy-snatched-alligator-Disney-TEN-FEET-shore-reptile-struck-lifeguard-reveals.html
(链接到外部网站。)

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https://www.cnn.com/2016/06/15/us/alligator-attacks-child-disney-florida/index.html
(链接到外部网站。)

Instructions: In your assigned pairs, complete this case. You will find your dispute partner under the People tab on Canvas. You will find that your own name will show up first. I am using alphabetical sorting (last name) to identify the pairs, so please follow the instructions below to avoid having to redo your initial submission.

Person A is the first name of the pair of names, if one is sorting alphabetically via last name. Person B is the second name, if one is sorting alphabetically via last name. For this Case, person A is the attorney for the plaintiff, person B is the attorney for the defense. You will switch roles in the next Decide the Dispute Discussion Board.

Based on the case information and in consideration of the posed questions, complete an opening statement that you would present to the court on behalf of your client (minimum 300 words, maximum 700 words).

Do you believe that the family of the child has a viable civil lawsuit against Disney?

Identify the tort theories of liability and categories of damages that the family might pursue in this case, and discuss each of them, making sure to identify the elements of your causes of action, and claim for damages.

Are there any legal defenses that Disney is able to use in order to mitigate or diminish any possible award of damages? Likewise, are there any legal doctrines that make it easier for the family to obtain money damages against Disney.

In providing your initial statement, please remember that you are an advocate for either the family and Disney, and must state whether or not your client will be successful. In your rebuttal to your partner, you must refute why the opposing party is not deserving of victory.

Post your initial statement here for grading, and discussion by Monday Feb. 15th at 12 noon. Failure to meet this deadline will result in a 10 point deduction. Then, find your partner’s original post and respond it it (minimum of two posts – one original statement, and one rebuttal) by Friday Feb. 19th at 11 pm. Your submission will be graded based on the Decide the Dispute Participation Rubric.

To access this rubric, click the gear icon and choose “show rubric.”

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