American Public School Law Torts n Definition of a tort – Intentional interference – Strict Liability – Negligence – Elements of Negligence – Defenses for Negligence – Educational Malpractice n Civil Rights, or Constitutional Torts

American Public School Law What is a Tort? n The word “tort” is derived from the Latin word tortus, or twisted--deviates from a normally acceptable pattern of behavior n A tort is an act or omission which unlawfully violates a person’s right created by the law, and for which the appropriate remedy is a common law action for damage by the injured person.

American Public School Law Tort and Crime n A civil action for tort is initiated and maintained by the injured party for the purpose of obtaining compensation for the injury suffered, whereas in a criminal proceeding, the action is brought by the state to protect the public from actions of a wrongdoer. n Criminal law does not, and was never intended to, compensate an injured individual, social justice demanded the birth of the action in tort.

American Public School Law Grounds for Tort: n Intentional interference n Strict liability n Negligence

American Public School Law Intentional Interference n An intentional tort may result from an intended act, whether accompanied by enmity, antagonism, or maliciousness, or by no more than a good-natured joke. n “Intent” has reference to the consequences of an act rather than to the act itself. – assault – battery – peace of mind

American Public School Law Strict Liability n Strict liability means liability that is imposed on an actor apart from either (1) an intent to interfere with a legally protected interest without legal justification for doing so, or (2) a breach of a duty to exercise reasonable care, I.e., actionable negligence.

American Public School Law Negligence n Negligent acts are neither expected nor intended. n With negligence, a reasonable person in the position of the actor could have anticipated the harmful results.

American Public School Law Negligence n Standard of Conduct – For negligence to be present, someone must sustain an injury resulting from an “unreasonable risk” taken by another person. n Reasonable Person – A reasonable person is of average prudence, with ordinary sense using ordinary care and skill; a model of conduct; a community standard

American Public School Law Elements of Negligence n A duty to protect others n A failure to exercise an appropriate standard of care n An existence of a causal connection between the act and injury, called proximate or legal cause n An injury, damage or loss, must exist

American Public School Law Defenses for Negligence n Contributory negligence n Comparative negligence n Assumption of risk n Immunity

American Public School Law Educational Malpractice n An attempt to apply tort law to educational outcomes in a way as to redress a student for knowledge deficiencies created by some substandard treatment of the student during the educational process. n The more common application of tort to redress a student’s educational deficiencies is found in negligence.

American Public School Law Denial of Malpractice n The absence of a workable rule of care against which defendant’s conduct may be measured n The inherent uncertainty in determining the cause and nature of any damages n The extreme burden which would be imposed on the already strained resources of the public school system

American Public School Law Civil Rights, or Constitutional Torts n Denial of an individual’s constitutional or statutory rights can result in damages assessed by the court against the school board, individual school board member, administrator, or teacher, or against any governmental official or employee responsible for the denial. (Civil Rights Act of 1871, Section 1983 of Title 42)

American Public School Law Liability n Persons n School Board Liability n Official Negligence n Individual Liability