LT1 Law Assignment: Option 1 – An Unfortunate Accident 1

Ellingsgaard, Elsen, Ganes, Martynova

This better but please revise in order to raise it to an A category. In particular consider the notes in the
paper.

EDUC 525 LT1 Law Assignment: Option 1

An Unfortunate Accident

Group Members
Judith Ellingsgaard, Michèle Elsen, Cortney Ganes, Anastassia Martynova

July 16, 2018

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Ellingsgaard, Elsen, Ganes, Martynova

PRIM IRWIN, a child by her next friend, [Parents Name], in her personal capacity,
Plaintiff

v.

AMANDA BALLARD, a child by her next friend, [Parents Name], in her personal capacity,
Defendant

and

LINDSAY WATERMAN, Defendant

and

SCHOOL PRINCIPAL, Trudeau High School and OKATOKS SCHOOL DISTRICT, Defendants

We found the following defendants liable for negligence:

(1) Ballard: As the registered owner and operator of the vehicle Ballard had a duty of care to her

passenger1. Ballard was aware that the vehicle had an inoperative seatbelt on the passenger side and

was instructed by her parents to not let anyone ride in the front passenger seat until it could be

repaired2. On the day of the accident, Ballard allowed Irwin to ride in the front passenger seat with

the inoperative seatbelt; thus, failing to meet a proper standard of care for her passenger.

Furthermore, Ballard failed to report the seatbelt malfunction to her teacher, Waterman, during a

vehicle inspection before travel3. By allowing Irwin to ride in the front passenger side of the vehicle

without wearing a properly functioning seatbelt, the likelihood (causality) of injury or possible death

in the event of an accident was foreseeable (reasonable). However, even if the seatbelt was flawed,

what else did Ballard do – as stated by a third party – which precipitated the accident? Please

consider the cause not of Irwin but Ballard.

As a passenger, Irwin suffered catastrophic injuries and damages in the vehicle accident that

occurred on Tuesday, June 9, 2001 at approximately 3:05 pm. As the result of the accident, Irwin is

a quadriplegic and additional damages in tort may include not only pain and suffering, but also
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Ellingsgaard, Elsen, Ganes, Martynova

substantial increases in the costs of assisted living, loss of opportunity (i.e., future loss of income and

employment opportunities).

Based on the findings we find the defendant, Ballard, liable for negligence. The defendant provides

a defense stipulated in section (3) below.

(2) Waterman: As the supervising teacher, Waterman failed to provide duty of care in accordance with

The School Act Sections 18(1) and 45(8). The accident took place as Ballard was driving back to

the school with Irwin following a high school physical education activity at Marabelle Resort Golf

Course, which is located outside of the town limits of Okatoks. Proper standard of care was breached

when Waterman failed to follow CORRECT the School District Administrative Policy

Transportation Guidelines for Students that states:

No secondary school student, irrespective of age, may drive a private vehicle

transporting other students to school-sponsored activities during school hours or

as school representatives, except to use local facilities within the town or village

boundaries for activities, which are an integral part of instruction.

Higher risk is associated with highway driving that is inherently dangerous – even more so when the

driver is an inexperienced 16-year-old. Had Waterman properly followed School District Policy the

accident, which occurred on Highway 30 outside of town limits, would not have happened.

Consequently, proper standard of care was breached and the likelihood of injury or possible death in

the event of an accident was foreseeable (reasonable).

(3) School Principal, Trudeau High School, Okatoks School District: The Principal of the school,

[Principal’s Name], failed to provide duty of care in accordance with School Act Sections 20 and

45(8). It is within the duty of care of the principal to be aware of the activities occurring within

school hours, especially when the activities are field trips occurring at an off-campus location. The
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School Principal failed to keep in force the School District Administrative Policy Transportation

Guideline for Students that states:

No secondary school student, irrespective of age, may drive a private vehicle transporting

other students to school-sponsored activities during school hours or as school

representatives, except to use local facilities within the town or village boundaries for

activities, which are an integral part of instruction.

Had the School Principal enforced school policy, the accident, which occurred on Highway 30

outside of town limits, would not have occurred during a school sponsored event during regular

school hours. Consequently, according to Section 60(1) of The School Act, the Principal and

Okatoks School District are vicariously liable and proper standard of care was breached.

Based on the findings we find the defendant, [Principal’s Name] and the Okatoks School District,

liable for negligence. State the basis for the liability of the board and cite the appropriate section of

the Act. The defendants provide a defense stipulated in section (3) below.

The defendants may provide a defense to negligence as stipulated below:

(4) Irwin: As a passenger, Irwin had a duty of care to herself. When she became aware of the

inoperative seatbelt on the passenger side, Irwin had a personal responsibility to remove herself as a

passenger from that vehicle. Consequently, proper standard of care to herself was breached,

CORRECT – What else did she do which compounded the likelihood of injury?and the likelihood of

injury or possible death in the event of an accident was foreseeable (reasonable). Based on the

findings we find the plaintiff liable for contributory negligence.

It is worth noting that since Irwin is a student, volenti non fit injuri cannot be used as a defense (i.e.,

when a child is injured). Volenti cannot be used against a teacher - but what of another person who
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is not a teacher?

Since the accident occurred in 2001, the defendants may plead the Limitations Act Section 3(1)

GOOD as a defense if the plaintiff did not seek a remedial order within two years after the date that:

(i) that the injury for which the claimant seeks a remedial order had occurred,

(ii) that the injury was attributable to conduct of the defendant, and

(iii) that the injury, assuming liability on the part of the defendant, warrants bringing a

proceeding,

or

(b) 10 years after the claim arose,

The defendants, on pleading this Act as a defense, may be entitled to immunity from liability in

respect of the claim.

_________________________
1
According to Aberta's Traffic Safety Act "the law requires all occupants traveling in a vehicle to wear a

seat belt, and it is the driver’s responsibility to ensure that all passengers under the age of 16 years are

properly restrained in the vehicle". Irwin's age at the time of the accident was not disclosed.
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Ellingsgaard, Elsen, Ganes, Martynova

2
Ballard’s parents had made an appointment to have the inoperative seatbelt repaired.
3
Ballard's vehicle, a 1999 GMC Envoy, was two years old at the time of the accident. Ballard and Irwin

travelled to the physical education event earlier that day without incident, and no safety concerns or

vehicle faults were reported to Waterman by Ballard or Irwin during vehicle inspection. Consequently,

Waterman provided adequate standard of care with regards to vehicle safety inspection.