ERIC Number: ED208585
Record Type: RIE
Publication Date: 1981
Reference Count: N/A
Thurston, Paul W.
This chapter reports cases that involve some type of tort claim within the school context. Torts are civil claims brought against a person or organization on grounds that the person or organization violated a responsibility not to injure another party. Most of the cases discussed deal with accusations that the school or an employee of the school was negligent in not exercising reasonable care to prevent injury to a student. Defenses against the charge of negligence (including immunity, assumption of risk on the part of the injured party, contributory negligence, statute of limitations, notice of claim, and comparative negligence) are also discussed. While most of the torts are a matter of state law, federal tort law exists. It is based on damages that can be sought by injured parties who claim to have been deprived of a constitutional or federal statutory claim. (Author/IRT)
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts, Injuries, School Responsibility, School Safety, State Courts, Students, Teachers, Torts
Not available separately; See EA 014 158.
Publication Type: Information Analyses; Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers: Governmental Immunity; Negligence
Note: Chapter 5 of "Yearbook of School Law, 1981" (EA 014 158); For related documents, see EA 014 159-165.