This is a negligence case. Please discuss the argument you would make with regar

Question

This is a negligence case. Please discuss the argument you would make with regard to each defendant using the elements of negligence.

Plaintiff is a first grader at Elm Elementary. The 7 year old boy was injured on the playground at recess in an incident on an apparatus commonly referred to as monkey bars. On the date in question, the first grade class was on morning recess. Twenty eight students were supervised by two playground monitors. One monitor was called to a grassy area where several boys were throwing mud. One monitor was attending a child who tripped while jumping rope and skinned her knee.   Neither playground monitor witnessed the two 7 years olds climbing from opposite ends of the monkey bars swinging from bar to bar with their hands. Plaintiff and defendant #1, met in the middle and wrapped their legs around each other: each attempting to make the other fall.   The plaintiff fell, breaking his right forearm. The injury required surgery. Plaintiff’s father on behalf of plaintiff filed suit against Defendant #1 the other 7 year old (the other 7 year old’s father), Defendents #2 and #3: the playground supervisors, Plaintiff #4 Elm Elementary School, and Plaintiff #5 the school board.

Explanation / Answer

Defendant #1 the other 7 year old (the other 7 year old’s father) – The boy who broke his arm was also doing the same act of hanging on the bars. He tried to push me down too. I was only trying to hold on to the bar and never attempted to push him down. While he was trying to push me down, he lost his balance and fell down.

Defendants #2 and #3: the playground supervisors – We have 28 children to look after and we have given clear instructions to them to stay with either of us. We had also instructed them not to use the monkey bar during the recess period. These two boys just slipped away from us and started using the monkey bar. The boy who broke his arm has used the wrong entry point as we had specifically told them to use entry point 1.

Plaintiff #4 Elm Elementary School – The child hasn’t listened to the instructors thus disobeying the school rules, besides they were not supposed to use the monkey bar during the recess period.

Plaintiff #5 the school board – We have the CCTV recording to prove that these two boys have slipped from the rest of the students and hid themselves behind the bar and started to hang on the monkey bar besides we have clear written rule that states not to use monkey bar during the recess period which is also oriented in the student’s handbook and communicated to all the parents.

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