Jane worked at the local country club pool as a lifeguard, not a swim teacher, for the summer of 2013.Jane was a public school physical education teacher. The country club did not do a background check or confirm any references when they hired her. They relied on the "say-so" or Jane's brother, a member of the country club board of directors. The country club only did a cursory internet search of the state's Department of Education website to verify that she had a valid teaching certificate. When one of the swim instructors unexpectedly quite one day, she took over the class. Initially, the class went well. Eventually, Jane also took over coaching the club's competitive swim team. When she became the swimming coach, Jane effectively stopped "teaching" the swim classes. Instead, she had all the swimmers in the classes do races and train for competitive meets during the 30 minute lessons. Jane had done this many times during the summer. Her boss, the country club director, knew this and, as the swim team was winning, ignored complaints from parents and students. Jane raced with the swimmers and pushed the winners out of the way when they tried to touch the side of the pool so that Jane's team would win each time. This was not the first time that Jane had injured swimmers. Last year, she was arrested for physically abusing a child she coached at her school. Although the criminal charges were dropped, Jane is on administrative leave from her public school job until an administrative hearing with the state Department of Education can be held in the fall. The incident was reported in several local papers, and her administrative suspension is listed on the state's database.
Several of the children, ages 6-8 reported to their parents that they had been physically assaulted by Jane while in swim class for not "working hard enough!" The children had bruises on their shoulders. In addition, Jane began "approaching" an 18 year old college student who worked as a lifeguard and assisted Jane with the coaching. Over time, Jane's "advances" toward the young man became very aggressive. Jane continued even though the young man asked him to stop. In fact, after the young man told Janeto stop as he felt harassed, Jane hired another lifeguard to assist him with the coaching. The country club director was aware of this situation, but as the swim team was winning, he took the position that it was an interpersonal issue that the two should workout among themselves.
Several parents brought suit against the local country club, Jane and the country club director. The young life guard has also brought suit. The local country club pool alleges that they are not liable. Discuss the liability issues, agency issues, and all defenses available to the local country club pool.
John, Lionel and Evelyn Harrymore, siblings and actors, decide to retire after years on the road. They remember a town in Illinois they were familiar with from their travels. From the internet, they learn of a farm a few miles outside of town that seems ideal. There is a great house, and lots of land. The Harrymores wish to convert the farm to a restaurant-hotel with a dinner theater. They contact the realtor by phone, and make arrangements to buy the parcel. The Harrymores plan on traveling to Illinois prior to the closing to look things over, but are unable to do so due to their touring schedule. The realtor, whose commission is technically paid by the proceeds to the seller, and who has a listing contract with the seller, advises the Harrymores that she will handle everything. Illinois custom, law and practice does not require a purchaser of land to have an attorney. The realtor does only the bare minimum needed for title to transfer to the Harrymores. On their behalf, she only has a minimal title search and minimal inspections done, and she obtains a minimal coverage title insurance policy. As the area near the farm was once occupied by a large chemical plant, when the realtor represents local purchasers, as a precaution, she advises the buyers to get the maximum possible title search and title insurance, and to get all possible inspections done. It is her regular practice to caution local purchasers that she represents about the former chemical plant.
After closing on the property, the Harrymores learn of the old chemical plant. They seek your advice as to their liability and the liability of any other parties.