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Tyra and Naomi started the “Walk It” modeling agency under a general partnership. One day, while ...

Tyra and Naomi started the “Walk It” modeling agency under a general partnership. One day, while Tyra was out of town, Naomi decided to have a modeling competition without informing Tyra. During the tryouts, Naomi required the contestants to learn and execute a difficult modeling walk. One of the contestants was injured while executing the walk and sued Walk It for $2,500. Is anyone liable for the model’s injuries? If so, who and why? Also, in which court should the contestant file her lawsuit?

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Answer #1

In case of general liabilities, the partners share the liabilities of financial and legal burden. This means if the contestant is suing Walk It, then both Tyra and Naomi will be held responsible.

In this case, since there can be an issue that the ramp where the contestant was walking is not safe or the instructions given by Walk It was dangerous, there can be a case of breach of Duty of Care on the part of Walk It. This will make Tyra and Naomi liable.

In this case, it is difficult to establish that Naomi had the intention to harm the contestant. As a result, it is likely a purely negligence case. This means the contestant should file the suit in a civil court in whose jurisdiction Walk It falls.

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