This unit deals with the various aspects of the concept of risk management. The text discusses four ways to manage or control risks. Risk can be transferred to another party. An independent contractor can be used. Steps can be taken to reduce risk. A system for keeping records can be developed to properly document steps taken.
Read the case in your text on page 286, Benita Northington v. Gospel Volunteers, Inc. This case was brought by the survivors of a man who was in a drug and alcohol rehabilitation program under the care of Gospel Volunteers when he drowned in their swimming pool.
Discuss the legal theories that apply to the behavior of the defendants and why each theory might or might not apply in this fact situation. Next discuss the legal theories that would be used against the owners of the facility where the incident occurred. In this discussion refer to the risk management tools mentioned above. If some or all of these steps were taken by the facility owners how would this affect the subsequent lawsuit?
For extra credit identify how the concept of “foreseeability” applies to this kind of fact situation.
