YOU BE THE JUDGE
Choose Defendant if you would rule in favor of Defendant and explain why.
1. Randy, a 13-year-old student, was playing touch football during recess. He fell into a 10-foot ditch that was hidden by weeds while participating in the game and was severely injured. His parents sued, claiming negligence since Randy was a new student at the school, and the teacher should have warned him of the danger. The teacher claimed that all of the other students knew that there were problems with the field, and that lawn maintenance was not within her responsibility areas—the school administration was responsible for supervising the field maintenance. The defendant claimed contributory negligence.
2. A high school drama teacher was directing a frontier-era play and decided to use live shells in the shotguns with the powder, wadding, and the shot removed. During the show when the shotguns were fired, a student was hit by wadding and was injured. The students had removed the shot, but had stuffed newspaper in the shell. The teacher had not inspected the shells or guns before the play. The parents of the injured student sued. The teacher claimed that the students were old enough to follow her instructions to remove all dangerous materials.
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