ERIC Number: ED368066
Record Type: RIE
Publication Date: 1994-Apr
Who's Liable? Accidents Involving Young Children.
Beebe, Robert J.
Streamlined Seminar, v12 n5 Apr 1994
Over the past few years both administrators and teachers have found themselves involved in an increasing number of law suits. When students are injured on school grounds, parents often place the blame of negligence on the teacher, so many teachers find themselves involved in lengthy court battles over the issue of liability. Teachers and principals in elementary schools are particularly at risk because young children are inexperienced at protecting themselves in risky situations. Negligence cases that teachers would most likely find themselves involved in usually ask one of four questions: (1) Did the teacher fulfill his/her duty to protect the student against unreasonable risk? (2) Did the teacher breach his/her duty of protecting the student? (3) Is there a causal connection between the teachers' breach of duty and the student's injury? and (4) Was significant harm inflicted on the student? Numerous examples of court cases where each of these questions is raised are examined. If a teacher is found guilty of negligence, three defenses can be used by the teacher to keep from being found liable for damages: (1) student assumption of risk; (2) student contribution to negligence; and (3) shared negligence between the teacher and the student. (KDP)
Descriptors: Accident Prevention, Administrator Responsibility, Court Litigation, Elementary Education, Laws, Legal Responsibility, Risk, School Safety, Teacher Responsibility
National Association of Elementary School Principals, 1615 Duke Street, Alexandrian, VA 22314-3483 ($2.50; 10 or more, $2; Virginia residents add 4.5% sales tax).
Publication Type: Collected Works - Serials
Education Level: N/A
Authoring Institution: National Association of Elementary School Principals, Alexandria, VA.