9:15 - 11:50 D Block Legal Studies
12:30 - 3:05 A Block Physical Geography
D Block Legal Studies - We start today in the class before the learning commons where we'll look at Motor Vehicles, Vicarious Liability & Occupier’s Liability
In the context of B.C. motor vehicle accidents, a tort claim is a claim that another person was at fault in causing the accident and should be required to compensate an injured person for his or her injuries. Such claims are covered by the third-party liability provisions of ICBC’s Basic Autoplan.
The driver of the vehicle is liable for all passengers in the vehicle – if passenger enters vehicle and assumes risk (VAR- voluntary assumption of risk) then no liability exists for driver to passenger.
Vicarious liability – a Defendant is held liable for another person’s tort even though they may have done nothing wrong. Companies are liable for their employees’ actions through vicarious liability (as are parents for their children)
Occupiers Liability – An occupier is someone who is in control of property. You have a duty of care to ensure that your property is safe for others. The occupier should be able to foresee any harm and mitigate it. There are three classes of people who occupiers are liable to:
- Invitees are people who are on property for reasons OTHER than social visits. These people are owed the HIGHEST standard of care.
- Licensees are people who are on property on the implied permission of the occupier (social visits where no business is transacted).
- Trespassers are people who enter property without permission or a legal right.
As an occupier, you and/or your organization are required to keep areas such as aisles, stairs, ramps, walkways, driveways and parking lots reasonably safe for persons who are using them. Some common hazardous conditions include:
- ice and snow that has not been cleared
- unexpected elevation changes
- uneven surfaces (e.g., cracks, gaps, potholes)
- slippery surfaces (e.g., wet floors, tile flooring)
- missing or loose handrails on stairs
- debris on walking paths (e.g., boxes in aisles)
- inadequate lighting.
- Whether the danger was foreseeable.
- Whether the occupier’s conduct was in accordance with acceptable standards of practice.
- Whether there was an adequate system of inspection (considering the risks involved) in place and carried out.
- Whether the danger was allowed to exist for an unreasonable amount of time.
- The ease with which the danger could have been prevented.
Family Compensation Act [RSBC 1996] Chapter 126
Host Liability - Commercial Hosts have a specific duty of care to their patrons so that they do not harm themselves from consuming alcohol. How to control patron’s alcohol intake:
In the text there are some important sections involving "liability" for businesses and social guests on pages 406-410 (Occupiers' Liability: general invitees; commercial and social host invitees; licensees; trespassers; and the Occupiers Liability Act). These topics are relevant to all cases except for Case 7. From the Canada Safety Council dealing with Social Host Liability:
It is important for every social host to consider the consequences involved with the service of alcohol because there will continue to be lawsuits. The social host could be found to have a duty of care to guests and all those who are at risk due to the intoxication of the guests for events that could be foreseeable. Further, the host has a duty to monitor and supervise the service and consumption of alcohol during a party or event. The best course is to take risk management measures. The social host should check his or her insurance to determine if there is coverage for any incident that may occur on the property or as a result of actions from the property. When hosting a party, plan appropriately. This includes:
FEMA: Thunderstorms
physicalgeography.net: Thunderstorms
Host Liability - Commercial Hosts have a specific duty of care to their patrons so that they do not harm themselves from consuming alcohol. How to control patron’s alcohol intake:
- Every server needs to take and pass a “Serving it Right” course (experience and training)
- Every server needs to monitor patron’s alcohol intake
- No server can sell alcohol to someone who is intoxicated
- Take away keys, call taxis, call police
In the text there are some important sections involving "liability" for businesses and social guests on pages 406-410 (Occupiers' Liability: general invitees; commercial and social host invitees; licensees; trespassers; and the Occupiers Liability Act). These topics are relevant to all cases except for Case 7. From the Canada Safety Council dealing with Social Host Liability:
It is important for every social host to consider the consequences involved with the service of alcohol because there will continue to be lawsuits. The social host could be found to have a duty of care to guests and all those who are at risk due to the intoxication of the guests for events that could be foreseeable. Further, the host has a duty to monitor and supervise the service and consumption of alcohol during a party or event. The best course is to take risk management measures. The social host should check his or her insurance to determine if there is coverage for any incident that may occur on the property or as a result of actions from the property. When hosting a party, plan appropriately. This includes:
- Either don't drink or limit your own consumption of alcohol in order to track that of your guests.
- Know your guests - it is much easier to track the changes in behaviour of those you know.
- Try to serve all drinks yourself and avoid self-serve bars to track and monitor your guests' consumption. Consider hiring a bartender trained in alcohol service.
- Have plenty of non-alcoholic choices.
- Serve lots of food that has protein and fat - salt encourages more drinking and sugar does not mix well with alcohol.
- Meet, Greet and Repeat - meet and greet all your guests as they arrive in order to determine if they have had anything alcoholic to drink before arriving. If the party is an open house or cocktail format, repeat the process as guests leave.
- If a guest is intoxicated, encourage him or her to give you their car keys if relevant. Buddy up with a friend to assist in persuading the intoxicated person to take a cab.
- Keep the phone numbers of cab companies handy and tell the guest that a cab has been ordered - don't give them the option to refuse.
- If the guest is quite intoxicated, keep that person with you until they have sobered or can be left with a sober responsible person.
- Only time will sober the person, not additional fluids or food. Offering a spare bed is a good recourse.
- If the person refuses to give the car keys or spend the night at your house, call the police. It may seem drastic, but it could be a choice between that of an upset friend or far more tragic consequences.
A Block Physical Geography - Today we'll start looking at storms and "CYCLOGENESIS"...sweet! We will look at mid-latitude cyclones and the source regions of air masses that cause these storms to develop. We'll analyze the difference between the three dimensional structure of a warm front and a cold front. We will look at how thunderstorms develop
and what damage they can do. I'll show you a few quick videos of hail and
lightning to see how they form and then we'll watch the Lightning episode of
Raging Planet.
While the Raging Planet video is on, you'll need to work on questions 1, 2, and 5 from page 147 and question 10 from page 248 in your Geosystems textbook. The following sites will help with cyclogenesis:
UCAR: How Thunderstorms WorkFEMA: Thunderstorms
physicalgeography.net: Thunderstorms
No comments:
Post a Comment