ERIC Number: ED292192
Record Type: RIE
Publication Date: 1987
Reference Count: N/A
Evans, William J., Jr.
This chapter examines court cases reported during 1986 that involved tort claims involving school officials, school employees, and students. A tort is a civil wrong, other than breach of contract, for which a court provides relief in the form of damages. Discussion focuses first on negligence, or conduct that falls below an acceptable standard of care and results in injury. Most negligence suits against schools result from student injuries during school hours, enroute to and from school, on school facilities, or during school activities. Negligence defenses derive from common law and statutory immunity, or from plaintiff's failure to file a claim within six months. Other topics discussed include cases arising from liability insurance claims and employee injuries or workers' compensation claims, as well as cases involving assault and battery, defamation, products liability, and intentional infliction of emotional distress. The final section focuses on constitutional torts, or cases alleging violation of litigants' constitutional rights. Included are discussions of cases brought by outside organizations, students, and employees. (TE)
Publication Type: Legal/Legislative/Regulatory Materials; Reports - Evaluative
Education Level: N/A
Audience: Policymakers; Practitioners
Authoring Institution: N/A
Note: In: Thomas, Stephen, B., Ed. The Yearbook of School Law, 1987. National Organization on Legal Problems of Education, 1987 (EA 019 899).