Reference no: EM131655197

During recess, a sixth-grade boy threw a rock that hit a third-grade boy on the head; older children at the school had exhibited this behavior previously.

The third grader fell to the ground unconscious.

He was rushed to the hospital, where he was diagnosed with head trauma; this was the first time the third grader had ever experienced a head trauma. He was discharged from the hospital within 48 hours.

Four months later, the third grade boy began to suffer from severe seizures. His parents filed a lawsuit against the school alleging that the school was negligent and failed to properly watch the students during recess.

The parents are citing Jones v. Smith, which states, "the special caregiver relationship between a school and a student imputes a legal duty onto the school to act with reasonable care." Jones v. Smith, 450 P. 2d 670,678 (Ariz. 2010).

Will the parents be successful in their negligence claim?

In answering the question, be sure to address all four elements of negligence.

Each element should be contained in its own IRAC. This question is worth 100 points, each IRAC is worth 25 points each.