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Injured in school activity -- please help

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esquiregent

Guest
I am a law student and our negotiations professor asked us to arm wrestle other students ten times, with the ultimate purpose of showing us that it's easier to negotiate than to engage in some kind of feat of strength.

The next day, I had shooting pain in my elbow, and still do a week later. It's pretty awful ... it's affecting my daily life in various ways and has left me unable to work out or play sports. It also keeps me up at night.

Since I did the arm wrestling in response to her request, and this was during class, is there some way I can seek redress? Please email/PM me -- I'm willing to see a PI attorney or to do whatever else I must.

Thanks ...
 


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esquiregent

Guest
I actually don't know what important information I've omitted, at least at this stage. While that might not be all that entertaining, it's the truth. I really do appreciate any help.
 

I AM ALWAYS LIABLE

Senior Member
esquiregent said:
I actually don't know what important information I've omitted, at least at this stage. While that might not be all that entertaining, it's the truth. I really do appreciate any help.

My response:

Here's the answer - -

You're a law student, and you're asking a legal question that would involve State law. But, you actually took the time, and effort, and thought processes to read the "What is your State Name" question, and then you deleted it - - AND NEVER TOLD US your State name!

How the hell are we supposed to help you?

IAAL
 
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esquiregent

Guest
Sorry about that -- I had assumed that perhaps I could get some advice on the basis of generally accepted tort law.

Your reply has allowed me to recall that California has some idiosyncratic rules in this arena. That's where I'm at. Thanks again.
 
M

monnickasmommy

Guest
read ALL the instructions

Posting a question in the forum?
Follow these rules to ensure your question does not get deleted by forum modrators:
Your question may have already been covered! Before posting, check these resources:
- Our home page links to full sections of professionally answered questions.

DID YOU DO THIS ??
- Search the forums archive of over 410,000 previously posted questions and answers.

THIS ???
Questions about U.S. law ONLY. Include your state, because law changes from state to state.

DID YOU DO THIS ??????????

***ANSWER IS NO*** THAT IS WHAT THEY ARE LOOKING FOR

Please be civil, brief, and to the point.
Please type in lower case letters.




I had to "help out" lol
 

I AM ALWAYS LIABLE

Senior Member
esquiregent said:
Sorry about that -- I had assumed that perhaps I could get some advice on the basis of generally accepted tort law.

Your reply has allowed me to recall that California has some idiosyncratic rules in this arena. That's where I'm at. Thanks again.

My response:

It's not "idiosyncratic" - most States, if not all, have this legal theory. Since you're a law student, what's the legal theory that I'm thinking about, and that you should know?

I'll give you a clue: Read Knight v. Jewett (1992) 3 Cal.4th 296, and it's progeny. Then, come back tomorrow and give me the answer.

IAAL
 

I AM ALWAYS LIABLE

Senior Member
My response:

Additionally, when you come back with the proper theory, I want you to explain how it applies to you, and whether you're entitled to compensation as a result, and why.

Because you're a law student, I'm holding you to a higher standard. I want you to answer your own question, rather than me, or someone else, spoonfeeding you like we do with other, non-legal, writers to these forums.

That's your assignment.

You come here with a head full of mush, and you will leave here thinking like a lawyer.

IAAL
 
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esquiregent

Guest
I'd contend that California's mix of legal rules potentially germane here is indeed idiosyncratic, even if the controlling rule -- which I'm unaware of now, and was at the time I wrote the post -- is improperly characterized as idiosyncratic.

In any event, I must admit that despite being a law student, I haven't dealt with anything related to torts for over two years. It is hard for me to pin down the proper defendant, although I believe the teacher unreasonably asked us to armwrestle. I can't imagine a teacher asking students to throw knives at each other, to walk on coals, or to engage in any number of other (admittedly absurd) activities.

I believe the holding of the case you cite is that "in a case in which an injury has been caused by both a defendant's breach of a legal duty to the plaintiff and the plaintiff's voluntary decision to engage in an unusually risky sport, application of comparative fault principles will not operate to relieve either individual of responsibility for his or her actions, but rather will ensure that neither party will escape such responsibility." The problem is that I don't know enough about education law, my relationship to the university (and state), or any other number of facts that would help me determine who had a legal duty to me and who might have breached it.

If you can help me, I'd really appreciate it ... I need to study Torts for the bar, but for the past two years I have been training for an IP/corporate practice. I just read your profile and I shudder at the proposition of telling you which U.C. campus I attend law school at. I'm sincerely thankful for any advice here.
 
H

hexeliebe

Guest
The problem is that I don't know enough about education law, my relationship to the university (and state), or any other number of facts that would help me determine who had a legal duty to me and who might have breached it.
And I shudder to think that you are going to be taking the bar.

Listen, this is sounding more and more like a homework assignment with every post. And if that's the case then good luck. Because you can't comprehend even the most basic of legal theories.

I would definately sue the school. Not for the injury but for your lack of an education. But then, based on the above case, you are also partly to blame for this lack of understanding.

He's all yours IAAL :rolleyes:
 
E

esquiregent

Guest
I've tolerated a lot of abuse here and without so much as acknowledging it, have continued to respectfully try to ask for some help. I don't know what kind of perverse satisfaction it provides to rip on a poster's inability to properly analyze this problem, particularly when he hasn't thought about Torts for two years. All I've ever been looking for is some aid from people who specialize in PI law to help me out a bit.

As far as my own competence is concerned, I'll continue to simply ignore your insults. I'm fairly happy with how I've done here and my career prospects, and doubt that my lack of familiarity with an area of the law I'm unconcerned with speaks to my competency as a prospective corporate associate who has taken nothing but IP and business law courses for quite some time now. I certainly agree that I'll need to get a much better handle on this for the bar exam, and that yes, most lawyers should have a basic understanding of tort law that is better than the one I have now. My introduction of "Education Law" was simply due to the fact that I've seen quite a few strange things happen around this university in the legal arena, and I didn't think it was a typical respondeat superior situation (if that's even applicable).

I'm not looking to profit from this injury or to sit back and get everything for free, yet given my load right now and my law review duties, I really can't re-learn tort law and have sought your expert opinions. Again, if someone can help I'd appreciate it. Hell, I'd even be incredibly grateful. One more time, thank you in advance.
 
H

hexeliebe

Guest
Because you're a law student, I'm holding you to a higher standard. I want you to answer your own question, rather than me, or someone else, spoonfeeding you like we do with other, non-legal, writers to these forums.
I guess you haven't read much lately either. You are IAAL's project. Now get on with it becasue no one else is going to interfer.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Alright boys, let's calm down.

Esquiregent, did you have an opportunity to read "Knight"? Have you Shepardized it? Have you read it's progeny?

You responded to this thread, and I'm reading wonderful and eloquent verbiage, but I have yet to read the "magic words" that will tell me you know the "theory" of law. Simply stated, you and I cannot continue this discussion until such time as I know we're both on the same plane. So, leave the "eloquence" in your pocket. Simplify your verbiage so others can understand. Also, simplification takes up less space.

Additionally, I'm not going to get into the Tort Claims Act with you. You never told me the date of "injury", so I'll leave it up to you to read the Government Code for that item.

Let me know when you're ready to discuss the various cases.

IAAL
 

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