Negligence and Tort Law Essay

According to the information given above Nic DeBruey has sustained an injury due to the structural defect that has never been corrected by the Louisiana State University (LSU). DeBruey, therefore, needs to sustain the charge against the Louisiana State University for negligence that leads to the injury. In most cases, it is the responsibility of an institution to ensure that premises are safe not only for the visitors but to the entire groups of people that visit a given building. Louisiana State University is a public place and all the structure needs to be designed and maintained in accordance with the set standards. The organization should carry out regular inspection of dangers and hazards that may be caused by some structural features in some of the buildings. Some of the responsibilities of the LSU are to correct the defects and maintain the premises, provide a warning about the participatory risks associated with some of the structures, warn about the dangers and hazards that may not be apparent in some of the structures, and keep spectators and users safe while on site. Other responsibilities include hiring qualified individuals, engaging in continual training and staying current on the best practices associated with an institution.

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From the above case study, Nic DeBruey sustained injury as a result of negligence from the LSU organization to rectify the structural default that they were fully aware of. In this case, they failed to correct the bleacher steps at the Legendary Alex Box Stadium; furthermore, they said that the structural feature had not been corrected in accordance to the standards required and it has not caused injury except the one being experienced now. According to the Negligence and tort laws, the person or an institution responsible for the personal injury should be charged and anybody can initiate the charging process. Nic DeBruey has the right to be compensated for the LSU negligence. The statute of limitations for torts ranges from one to five years from the time or the date when the injury is sustained, it also depends on the cause of action (Owen, 2006). From the DeBruey case presented above, the Louisiana State University was well aware of the deficiency that existed in the stadium and that they failed to rectify it. Therefore, they need to take the responsibility and Nic DeBruey has the right to sue the institution for the injury. Again, from the case, there is a close connection between the alleged negligence on the side of the institution and the resulting injury. In other words, there is an injury caused by the structural negligence on the side of the university.

According to the Negligence and tort laws, there is always a requirement that a close connection must exist between the negligence and the injury sustained by an individual. Furthermore, the DeBruey's injury has a proximate cause; the injury sustained is foreseeable and reasonable. The cause of the injury is well approved by the institution and DeBruey has the right to sustain the charges for compensation (Owen, 2006). The injury sustained is compensable, it can be considered as emotional or bodily injury. From the case study presented above, there is a clear breach of duty on the side of the Louisiana State University. In most cases, the breach of duty is the failure to adhere to the set standards of care established by customs, industry policies and laws. In the case of DeBruey, there was a clear breach of standards established by the law. The charges should, therefore, be sustained.

Reference

Owen, D. G. (2006). The five elements of negligence. Hofstra L. Rev., 35, 1671.