Fact Situation:
A Kentucky family of a teenage girl who was bitten by a shark during a Florida vacation has sued Florida County officials, arguing they should have been warned of potential shark attacks.
Amber, who was 13 at the time, was attacked by a shark in New Beach while she played in the surf. The shark bit her left calf and scratched her hand as she tried to escape. The teenager was treated at a hospital and released.
The parents claim the county should have provided a warning "of the dangerous condition created by the sharks." The suit argues the county acted negligently and is responsible for Amber's permanent scarring, disability and disfigurement. The suit seeks unspecified damages of more than $ 75,000.
In one year, Florida reported 29 of the 47 shark attacks in the United States, according to the Shark Attack File at the University of Florida. Eighteen of the attacks took place in Florida County. The year Amber was bitten, Florida County accounted for 22 of the state's 37 attacks.
Questions:
1. Which court(s) can the Kentucky family sue in? (This is a jurisdiction question)
2. The city did not close the town's beaches. Since the beaches were kept open and a swimmer was injured because the city failed to warn swimmers about the potential shark danger, has a tort been committed? If so, what kind of tort (intentional tort against persons, intentional tort against property, negligence)?
3. Can the city be held liable for any injuries or deaths to swimmers under the doctrine of strict liability?
4. If the police chief goes against the city instructions and warns swimmers to stay off the beach, and the town suffers economic damages as a result, has he committed the tort of disparagement of property? Why or why not?
candy g
am stunned that they are even trying to sue..............I live in florida and you KNOW the risk of when you go in the sea.........no one should swim at dusk or dawn or even close to it, and yes there are sharks there all year round..................
Artemis Hunter
People in this section are normally really great about offering homework help . . . but not so much about doing someone else's homework on their behalf.
If you wanted to post your answers for feedback, you would probably get some really great responses.
Critters R Yummy
They should also sue because there was no sign warning people that the sea is salty and not to drink it.
I went to the beach and the water was so delicious I dumped out my route 44 cherry limade and filled it up with the delcious seawater. I GOT SO SICK after I finished it!!!
I think I am gonna follow your lead and totally sue them for ruining my day.
S P
Is this serious? They have no case. The PARENTS know it is an ocean. Sharks are a given. They as PARENTS should know the dangers. Wow, that is probably the most ridiculous reasons to sue ever.
julza5
I think trying to sue for not being warned of shark attacks when going into the ocean is ridiculous.
You are entering another animals territory and you take the risk that, even as slight a chance as an attack is, something may attack you, and that is your choice to enter their territory.
Orignal From: Tips: Which courts can this family sue in?
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