Jack is employed as a Teaching Assistant at the University of Pacifica in Pacifica. On 08 January 2023, Jack and some of his colleagues, Joe and Sam, attended a University promotional outrea
Jack is employed as a Teaching Assistant at the University of Pacifica in Pacifica. On 08 January 2023, Jack and some of his colleagues, Joe and Sam, attended a University promotional outreach programme to promote the University in Savu which was about 200 kilometres from the city centre of Pacifica. The University hired a minivan for them from the Paataan Taxi Stand for an entire day for the purposes of transporting the group to and from Savu. The outreach took longer than anticipated and the group began their journey back into the Capital around 6:00 PM. Savu noticed that Shah, the driver, was driving exceedingly fast but he said nothing as he was keen to get home to his family. About halfway through their journey, Shah turned a corner too fast and narrowly missed an oncoming car that was travelling in the opposite direction. The car in the opposite direction had come into Shah’s lane very briefly which had caused Shah to panic and swerve the mini-bus. In his efforts to avoid hitting the other car, Shah lost control of the vehicle and it flipped over on the side of the road. Shah, Joe and Sam were not seriously injured in the crash. Jack, on the other hand, had not been wearing a seatbelt and was thrown from the vehicle. He suffered serious injuries to his back and has been confined to a wheelchair since the accident. Jack is however not paralysed and he his expected to make a full recovery with intense physiotherapy for an estimated period of 12 months. Jack however is now diagnosed with severe depression and refused to visit a psychiatrist or physical therapy. As a result of this, his recovery is estimated to take longer than expected. Jack has approached you seeking legal advice.
1. What injuries have been suffered by Jack?
2. Who should be held responsible for the injuries suffered by Jack?
3. What avenues could Jack pursue to remedy his injuries? What are the pros/cons of pursuing those avenues and what would he be able to recover by pursuing those avenues?
4. If Jack were to choose to pursue civil action against any tortfeasors, what might he be able to claim compensation for? Are there any factors that might prevent a finding of liability/decrease the amount of damages claimable?
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