Scenario:

Wilmington University football coach Tiago Alcantaraz wants his team to be prepared to play in poor weather, so he always prefers that his team would practice outdoors instead of using the team's indoor practice facility. Emma Brown and John Smith are student managers for the football team, responsible for filming practices and games for the team. Brown and Smith were among hundreds of applicants for their highly competitive positions on the staff. When hired by Alcantaraz, Smith stated, "I know what this position will require of me, and I could not be more excited to accept this challenge. I want to do whatever I can to help the team." Brown and Smith report to Vinnie Jones, the team's video coordinator, who reports to Head Coach Alcantaraz.

Alcantaraz and Jones have worked together for years. Alcantaraz rarely gives specific instructions to Jones about what to film. In a recent newspaper interview, Alcantaraz said, "Jones is the best in the business. He knows what I want, and I know I can trust him get the job done the right way." Jones says he "generally knows what Alcantaraz expects in the practice film." During most outdoor practices, Jones has Brown and Smith film while standing atop a scissor-crane located next to the field. The scissor-crane extends 40 feet in the air, and the high line of sight allows the camera to film the full field. The crane has a warning that it should not be used in winds above 30 miles per hour. During indoor practices, Brown and Smith stand on the sideline and operate elevated cameras by remote.

On the day in question, the National Weather Service issues a storm warning for Wilmington and surrounding areas, predicting steady winds of 25-35 miles per hour, with rare sudden gusts of up to 40-45 miles per hour. Despite the storm, Coach Alcantaraz gathers all coaches, staff, and student managers for a pre-practice briefing to say they should "be safe and conduct business as usual." Jones tells Brown to raise her scissor-crane "only half-way up due to the weather." Smith never receives any individual instruction prior to practice. Smith texts Brown that he is scared to be up in the crane in the storm, but she does not reply. Smith also posts the following message on social media:

Gusts of wind up to 60mph. Well work should be fun. Guess I lived long enough :/

Smith assumes his usual position atop the scissor-crane 40 feet off the ground and films practice. In the middle of practice, a 55-mile per hour gust of wind knocks the crane over. Smith crashes to the ground, lucky to be alive. It will require multiple surgeries and other expensive medical procedures before he can walk again. He cannot work for several years as he rehabilitates his injuries.

(1)Identify the parties, including all potential defendants.

(2)What is the most likely cause of action? List each of the required elements for that cause of action.

(3)Using the facts given, explain how the plaintiff would prove each of these elements to show the defendant(s) is/are liable. Address any other applicable legal theory that would create liability for the defendant(s).

(4)Raise any potential defenses that may be raised.

(5)State who you believe should win this lawsuit and why.

(6) Suggest at least two risk management tactics that should be implemented to treat the risk(s) involved. NOTE: You must state which method of treatment you are using and then describe how you are achieving that treatment. (i.e. Reduce this risk by having athletic trainers present at all high school football practices.)