LSTD 209
Miller Week 3 Forum.docx

The parents where not negligent with regards to this

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investigation of the situation. The parents where not negligent with regards to this scenario because they had no cognizance of the situation until after the damage was done. Now, in my opinion had they devoted more attention to their son; would this have happened? Who knows, but that might be a matter for child protective services at that point. Secondly, who is liable? Who can be sued in this unfortunate situation with Little Jimmy? Liability is defined as “the condition of being responsible either for damages resulting from an injurious act or for discharging an obligation or debt” (Wong, 2010, pg. 840). It is still fairly close to the beginning of the school year and I am continuously signing the millions of papers that my children bring home. I am almost on auto-pilot at this point. I have signed a number of waivers for my three children and I think I only read one of them. “This automatic response can create problems, since a growing number of these permission slips contain liability waivers that, once signed, limit a family's legal rights if their child is injured during the activity” (Courts, 2002). Even though, in this case, the waiver coverage appears to be all encompassing, the law varies from state to state. Some states will even claim that a parent does not have the authority to sign away the child's rights, as in this forum, with a liability waiver and will often rule in favor of the plaintiff, or parents in this situation (Eilerman, 2018). Again, with the absence of critical information this limits the statement of fact with regard to Little Jimmy’s heart attack. Jim
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Court upholds liability waivers. (2002). Journal of Physical Education, Recreation & Dance, 73(7), 11-11+. Retrieved from - com.ezproxy2.apus.edu/docview/215762174?accountid=8289 Eilerman, E., & Titlebaum, Dr., P. (2018.). Understanding Liability Waivers --. Retrieved from Wong, G. M. (2010). Essentials of Sports Law, 4th Edition : Fourth Edition (Vol. 4th ed). Santa Barbara, Calif: Praeger. Retrieved from ?
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