Liabilities and Defenses & Business Law Discussion

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Liabilities and Defenses & Business Law Discussion

1/ Week 4: Discussion Board 1 David is driving 25 MPH in 25 MPH zone down a four lane street where there are children playing. One nine-year-old child, Kevin, runs into the street chasing a soccer ball. David, without looking over his shoulder, swerves into the other lane to avoid Kevin and in the process he hits a car, driven by Peter, that was speeding past him in the left-hand lane going in the same direction.

Peter loses control of his car, hits a telephone pole and is seriously and permanently injured. The telephone pole, owned by the local phone company TeleCo, easily snaps into two pieces and hits Kevin, who is still in the street, knocking him unconscious and resulting in permanent injuries. TeleCo never did any testing of its poles to establish how easily the poles broke. The only factor used in manufacturing the poles was cost. The poles were made of low quality trees and were not treated in any significant manner except for a coating of tar. No reinforcement was used on the poles.

Question: What are the various liabilities and defenses of the parties involved? (Who can sue who? Have all the elements been met? Are there any defenses? Discussion Board 2 Please review the following article: https://www2.ljworld.com/news/2018/aug/03/kansasappeals-court-overturns-2013-workers-comp-law/ (Since the Court of Appeal issued this decision, the Kansas Supreme Court has granted review -- which means that the Court will review the Court of Appeals decision. That process is ongoing.) What are your thoughts? Do you think that workers' compensation provides too little to injured workers? Alternatively, do you think that it still appropriately serves its original purpose? Pick a position and argue it.

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