Under KRS 411.190 if a person is on the property for a recreational purpose and is not charged a fee by the possessor of the land then the statute applies, with recreational purpose defined in the statute to include, but not limited to, activities such as swimming, fishing, hunting, nature study, picnicking, or enjoying scenic sites. Ky. Rev. Stat. Ann. § 411.190. Immunity under KRS 411.190 is not conditioned upon the plaintiff's injury resulting from the recreational activity per se, as long as the person who was injured was on the property for a recreational purpose. Mason v. Berea Indep. Sch. Dist. Fin. Corp., No. 2006-CA-002061-MR, 2007 WL 2998510 (Ky. Ct. App. Oct. 12, 2007). Mason was parked adjacent to a football field where a fireworks
display was being presented. Id. Mason was injured after the display when she fell into a storm drain in the parking lot and that she claimed that KRS 411.190 did not apply because she was not engaged in recreation at the time of the injury. Id. Mason's presence in the lot was directly and singularly related to her participation in the recreational activity offered. Id. The reason that Mason was in that particular parking lot was for the purpose of watching the fireworks display and not for any other reason, making her activities recreational. Id. In order to be considered a recreational activity under the statute a person simply needs to be on or near the property due to the recreational activity and is not required to be engaged in the activity for KRS 411.190 to apply. Id. While Mason was not injured during the fireworks display nor was she at the football field that the fireworks were being displayed on, her watching the display and being in the lot for the purpose of watching the display is a recreation activity that is covered under KRS 411.190. Ky. Rev. Stat. Ann. § 411.190., Mason v. Berea Indep. Sch. Dist. Fin. Corp., No. 2006-CA-002061-MR, 2007 WL 2998510 (Ky. Ct. App. Oct. 12, 2007). Romero was engaged in recreation on the property. Romero argues that he was on the property to write an article for his job, not to engage in the recreational activities that were taking place on the property. However, despite the fact that Romero was working, the reason that Romero was on the property in the first place was due to the recreational activities that were taking place on the property, making him simply being there a recreational purpose. Mason v. Berea Indep. Sch. Dist. Fin. Corp., No. 2006-CA-002061-MR, 2007 WL 2998510 (Ky. Ct. App. Oct. 12, 2007). While Romero was not riding the rides, were it not for the recreation activities that were taking place on the property, he would not have been at the park. Not only was Romero only at the property due to the recreational activities, but he was also engaged in other recreation himself. Romero was injured climbing up a tree attempting to interview the children in the tree. While not the recreation organized this is a recreational activity, and to allow Romero's claim to stand would have the negative effect of discouraging property owners from allowing others too use their property for recreation for free, which the statute was meant to do.
Whether Florida’s courts should abolish or amend the impact rule concerning a plaintiff in a negligence case could not recover damages for emotional harm unless some impact produced physical injury to the body?
McKichan v. St. Louis Hockey Club, L.P. was a personal injury case filed on March 17, 1998, in which the plaintiff claimed that the defendant club was vicariously liable for their employee’s actions that caused the plaintiff’s injury. The injury in question occurred in Peoria, Illinois during an IHL game on December 15, 1990 between the Peoria Rivermen and the Milwaukee Admirals. While the St. Louis Hockey Club technically wasn’t playing in the game, they can be held liable for the injury, as the Peoria Rivermen are a subsidiary of the club. During the third period of said game, the defendant, Stephen McKichan, a goalie for the Admirals, was both injured and rend unconscious by a body-check from a Peoria player. This body-check occurred after play was stopped due to the hockey puck floating out-of-bounds. Also, the defendant player ‘s body-check had occurred after the referee had blown his whistle twice to signal the play stoppage. After the injury, the defendant’s player received a game misconduct and a suspension. The player would also go on to settle with the plaintiff out
Although she was undeniably injured and her suffering is provable, she cannot establish that she was injured directly by Bob Barton¡¦s actions. The relevant case law for this situation comes from several cases from Kentucky: 761 S.W.2d 625, 597 S.W.2d 141, 147 S.W. 742, 112 S.W. 600, and 77 S.W. 361 among others. These cases establish the law as defined by the courts that without physical contact a claim for negligence cannot be reputable.
A point has to be made about hunting and outdoor life in Illinois, which is a common interest throughout Illinois. Though it may not interest everyone, the livelihood and a portion of income is g...
Knudstrop came to Lego at a time when Lego was losing a substantial amount of money, this eventually equated to nearly $1 million per day (Weiners). This was in part due to the fact that the strategy that was implemented in the past was doing more harm than good as the years progressed. One hindrance the company faced prior to the arrival of Knudstrop was that the company was continuing at add more bricks to their toys, this created the issue of products becoming harder to assemble, forecasts harder to determine, and inventory increasingly harder and more difficult to manage (Starvish). Depending on the kit, there was either too much inventory, or not enough inventory at all, and restocking could take months (Starvish).
How many ancestors does a node at level n in a binary tree have? Provide justification.
In the case study “Pirates”, there is a debate of should copyrights been protected or not, or should illegal pirating been allowed? (Brusseau, 2012). One argument states that the copyright should be protected since it is an intellectual property. On the opposite, the argument argues that people who cloning the CDs may purchase the CDs themselves or given the original CDs by someone else, they own this property now, and they can do what they want with it.
Under Kentucky law, KRS 416.540 (6), the common wealth has the right to take land for public use but for just compensation. Court cases have interpreted public use as a taking for any rationally related service for public purpose; which means that the government can take land for a non-governmental entity and that purpose doesn’t even have to directly serve the public.
Yes. John is liable to damage claim by Robert. This is under deep insight that the cause of the accident was due to the over speeding despite the weather. Additionally, John gained control after Robert was thrown out. He skidded intentionally to have Robert thrown out. Therefore, John is liable for the claim.
Under the Emergency Medical Treatment and Labor Act of 1998 (EMTALA), health providers by law are supposed to follow the federal guidelines and the EMTALA when you work in an emergency medical care at certain hospitals (facilities that participate in Medicare-includes 98% of hospitals in the United States (U.S.)). This also means that any part of the hospital that can perform an evaluation and treatment of EMC is considered an ED., for example, a women's hospital that delivers babies is subject to EMTALA. As a health care professional under this law, you have to make sure that every person entering a hospital in need or requesting receives a medical screening examination (MSE), and an emergency medical condition (EMC) evaluation to determine
RJRTC’s vision and mission statement intertwines with each other. The vision of RJRTC is to achieve market leadership by transforming the tobacco industry. On the other RJRTC’s mission statement wants to lead change in the tobacco industry by driving innovation throughout their businesses, redefining enjoyment for adult tobacco consumers, reducing the harm caused by smoking, accelerating the decline in youth tobacco use, and resolving controversial issues related to the use of tobacco. The mission of the company emphasizes that they care not only about their company and consumers but for everyone else who has or will be affected by tobacco in some way. Although everything is well written on RJRTC’s website, some people may still find it hard to believe that the company is not more in favor for the money that is attained each year rather than the people lives that they affect. Due to the fact, the tobacco companies in the past more than likely knew that smoking caused a lot of health risks and choose to not to acknowledge it after scientific research showed evidence of what cigarettes did to the
“For us hunting wasn’t a sport. It was a way to be intimate with nature” (Kerasote). Many would disagree with Kerasote’s quote merely because he or she doesn’t see how hunting can be more than just killing of an animal. However hunters don’t just go out, because they enjoy killing animals no there is much more to it than just blood lust. Four out of five hunters I asked said the main reason they go out hunting would be because it is therapeutic. “Nothing like going out on a frigid morning sitting in your deer stand waiting and watching nature, it’s so surreal” (Koch). Nathan, hunter of 30 years, said this after I asked why he chooses to hunt. It may not come as a surprise to some to hear that Missouri placed eighth in the top ten states for
hunt as long as they do not break any laws while doing so. For instance, they
Tort is the action that causes injury to persons or property (Epstein, 2011). There are three types of Tort, intentional, negligence, and strict liability. Intentional is the act of consciously committing harm to an individual (U.S. Legal, Inc., 2014). Strict liability is the result of unintentional consequences of harm or damage to persons or property not associated with the act that has caused the damage as a result of the primary action (U.S. Legal, Inc., 2014). Negligence is the harm or damage to persons or property due to the deficiency in taking precautionary measures to prevent such injuries (U.S. Legal, Inc., 2014). In sports or athletic events, the coach’s and the organization who is conducting the event is responsible for the safety of the athletes and spectators (U.S. Legal, Inc., 2014). Negligence in sports can occur when the coach or organization unintentionally overlooks the overall safety of those participating and an accident or injury occurs as a result of this oversight. Furthermore, there was no premeditated or conscious effort in creating a dangerous environment. Hence, the type of Tort that would be applied in this situation is negligence on behalf of those in
Outdoor recreation has been around for more than 80 centuries. Throughout the years, outdoor recreation has evolved in many different aspects. Outdoor recreation began as a tool for survival strategies, such as hunting and fishing. As the years have passed, people went on to hunt and fish as a form of recreation. As a population, we can concur that outdoor recreation has many positive attributes such as personal satisfaction and enjoyment, as well as negative aspects that could amount to the costly engagement in outdoor recreation activity.