25 8月 幫寫論文-案例研究分析
Given the current situation, it is clearly visible that Brooke got hurt due to sheer negligence of Valley City Council (VCC). The sign should have been erected at both deep and shallow parts of the lake so that visitors are aware of the same. This accident could have easily been prevented if Brooke would have known that where she is skiing has shallow water. Since Brooke has suffered serious injuries in her spine, she can sue Valley City Council and demand duty of care. The Civil Liability Act 1936 (SA) and Civil Liability Act 2002 (NSW) can also be referred in this case study.
Referring to the case Digby v The Compass Institute Inc. and Anor  QSC 308, the plaintiff in this case was appointed by the institute on the position of support worker. The plaintiff was supposed to give a presentation and demonstration on how to deal with danger from strangers. A police personal also attending the presentation, had activated the siren causing severe injury on clients shoulder. The client experienced severe pain and tremors in the right hand. The doctors also confirmed that the client suffered from a severe psychiatric injury. Instructions were given to the police officer regarding the activation of the alarm which were not followed properly and led to an injury. The judge in this case was Mr. Atkinson who decided that the plaintiff should be given $ 50,924.19 as work cover benefits on a weekly basis. The judge also asked the employer to pay $ 158,045 to the plaintiff for general damages and loss (austlii.edu.au, n.d.).
Based on the case mentioned above, it can be clearly asserted that Brooke has legal rights to sue the city council for negligence which caused serious injuries to her spine. She can also demand compensation for physical treatment and general damages.
The current case study indicates that both Miyuki and Public Transport Corporation are at fault. When Miyuki paid $1.10 to use the toilet, it became the responsibility of public transport corporation to ensure doors of all toilets are fully functional. Regular checks must have been performed on a daily basis by the public transportation corporation. From the point of view of Miyuki, she suffered injury due to negligence of public transport corporation. After being trapped in the toilet, she called for help but no one was there to assist her. I also feel that public transport corporation should have provided an attendant on the door of the toilet to assist the public in case of any issues. It is still unclear whether PTC breached the duty of care which they owed to Miyuki. However, Miyuki can still claim in civil court for the damages and injuries caused to her. The previous five cases against the government also comprise of two sexual assaults in which the victim was also brutally thrashed by the perpetrator (Joewono & Kubota, 2006).