ERIC Number: ED165288
Record Type: RIE
Publication Date: 1976-Jul
Reference Count: 0
Accidents Will Happen: An Inquiry Into the Legal Liability of Teachers and School Boards.
Thomas, Alan M.
Fourth in a series of publications addressing the legal implications of continuing education in Canada, this paper deals with school liability in accident cases and how that liability might change with an increase in adult students. Canadian school accident liability cases have traditionally evolved around the "careful parent" doctrine in which the teacher and school board are expected to take the same care to prevent accidents as would a careful parent. More relevant to a system of continuing education might be the doctrine of "occupier's liability" that demands that the teacher and school board should not be guilty of negligence in guarding against unusual danger. Also relevant, although not widely used, may be the new concept of "individual supervision" that holds that a supervisor ought to be even more knowledgeable than a careful parent about the possible dangers inherent in certain activities like gymnastics or the use of power tools. Both types of school liability cases, those involving organized school activities or unorganized activities, depend heavily on seven factors: age of the student, nature of the activity, amount of instruction the student received, the student's awareness, approved general practice, foreseeable risk of danger, and previous accidents in similar circumstances. (Author/JM)
Descriptors: Boards of Education, Elementary Secondary Education, Foreign Countries, Higher Education, Legal Responsibility, Lifelong Learning, School Accidents, School Law, Teachers
Ontario Government Bookstore, 880 Bay Street, Toronto, Ontario, Canada M7A 1L2 ($0.50 for microfiche)
Publication Type: N/A
Education Level: N/A
Sponsor: Ontario Dept. of Education, Toronto.
Authoring Institution: Ontario Inst. for Studies in Education, Toronto. Dept. of Adult Education.
Note: Fourth Publication in the Series "The Interaction of Law and Education"