Student Safety Case Summary
Student Safety and University Liability
Case Analysis U10a1
Introduction
Student safety and University liability are major issues of concern for all institutions of higher education. In many instances, students and parents allege institutional liability for injuries or character defamation that result from negligent student behaviors, on and off campus. Then, there are the instances in which a party, other than a student, is at fault. Each of the cases presented below represent a variation of such instances and the extent to which the legal system rendered liability.
Havlik v. Johnson & Wales Univ., 509 F.3d 25 (U.S. App, 2007)
Background
In September 2004, plaintiff Christopher Havlik, a student at Johnson & Wales University (Providence, …show more content…
Plaintiff’s injury occurred while attempting to break up a physical altercation between students, McNeil (Syracuse) and DiSanti (Slippery Rock). Subsequently, plaintiff filed civil suit against defendants’ seeking compensatory damages. Plaintiff alleged that defendant “failed or refused” (O’Connor v. Syracuse, 2008, p. 2) to disclose a witness account as conveyed by teenager Katherine Jabowski and recorded by a Syracuse officer. Jabowski recalled that an officer had indeed taken a statement from her. However, since she could not remember all of the details, she requested an opportunity to view her original statement. Plaintiff moved to have the court impose sanction against defendant for refusing to present Jabowski’s statement and the recording officer. Defendant countered that Jabowski’s statement did not exist. Nor could defendant present an officer in its employ that recalled taking the statement. Further, defendant argued “inter alia” that since plaintiff intervened in the altercation on his own accord, he was responsible for his injury. In light of that, defendant moved for summary judgment. Plaintiff contested that his injury resulted because of defendants: (1) failure to provide adequate security for the event, ultimately leading to the altercation; and that (2) McNeil and DiSanti’s irresponsible behavior placed attendees in clear and present danger. It should be mentioned that McNeil and DiSanti motioned to have plaintiffs claim against them
Case Analysis U10a1
Introduction
Student safety and University liability are major issues of concern for all institutions of higher education. In many instances, students and parents allege institutional liability for injuries or character defamation that result from negligent student behaviors, on and off campus. Then, there are the instances in which a party, other than a student, is at fault. Each of the cases presented below represent a variation of such instances and the extent to which the legal system rendered liability.
Havlik v. Johnson & Wales Univ., 509 F.3d 25 (U.S. App, 2007)
Background
In September 2004, plaintiff Christopher Havlik, a student at Johnson & Wales University (Providence, …show more content…
Plaintiff’s injury occurred while attempting to break up a physical altercation between students, McNeil (Syracuse) and DiSanti (Slippery Rock). Subsequently, plaintiff filed civil suit against defendants’ seeking compensatory damages. Plaintiff alleged that defendant “failed or refused” (O’Connor v. Syracuse, 2008, p. 2) to disclose a witness account as conveyed by teenager Katherine Jabowski and recorded by a Syracuse officer. Jabowski recalled that an officer had indeed taken a statement from her. However, since she could not remember all of the details, she requested an opportunity to view her original statement. Plaintiff moved to have the court impose sanction against defendant for refusing to present Jabowski’s statement and the recording officer. Defendant countered that Jabowski’s statement did not exist. Nor could defendant present an officer in its employ that recalled taking the statement. Further, defendant argued “inter alia” that since plaintiff intervened in the altercation on his own accord, he was responsible for his injury. In light of that, defendant moved for summary judgment. Plaintiff contested that his injury resulted because of defendants: (1) failure to provide adequate security for the event, ultimately leading to the altercation; and that (2) McNeil and DiSanti’s irresponsible behavior placed attendees in clear and present danger. It should be mentioned that McNeil and DiSanti motioned to have plaintiffs claim against them