You are the new general counsel for State University.

You have been given the following case to review. Jane is a student at state university.State University. She is swimming at the university recreation center. While swimming, she begins to feel sick and passes out while swimming. Lifeguard The lifeguard does not notice Janes unconscious state for twenty seconds. This is due to the number of people in the pool at the time and due to the fact that she was the only lifeguard on duty watching the pool at the time. Jane suffers permanent respiratory problems. She sues the university for damages, including medical expenses and emotional distress. 1. This relationship falls under which standard of care ? 2. What is the duty of care owed to Jane? 3. Which facts of the scenario demonstrate breach of duty? 4. Was the breach the cause of the injury? 4. Is the harm to Jane within the scope of liability (Was the accident or incident in which the plaintiff sustained injuries an event that could or should have been predicted as one that might cause injury)? 5. Was this harm to Jane a reasonable, foreseeable, consequence of the defendants actions? 6. What evidence will Jane use to establish Damage?damage?