Tort Liability by Heidi Story and Jen Bryan

True or False? Tort Liability is when you bring a dessert to a function and it is not edible.

What is a tort? A tort is an actionable wrong against the person, property, or reputation of another. Two main categories of tort liability that pertain to educators: 1. Intentional 2. Negligent

Intentional Tort Occurs when an individual attempts to cause harm to another. Four most common pertaining to education: 1. Assault 2. Battery 3. False Imprisonment 4. Defamation

Negligent Tort Four elements of a negligent tort: 1. Duty (the duty to protect) 2. Breach (of duty) 3. Proximate Cause (connection between teacher’s breach of duty and student’s injury) 4. Injury (physical or mental)

Multiple Choice “ In loco parentis” is Latin for : A. utilizing crazy parentheses B. attacked by crazy parents C. in place of a parent

Normally Expected Responsibilities of Educators: Duty and Standards of Care Proper Instruction Proper Supervision Proper Maintenance Field Trips Post Injury Treatment Athletic Liability Spectator Safety

School administrators and teachers are held to a higher standard of care when fulfilling their professional roles because they possess specialized skill and superior knowledge. Forseeability: the ability to anticipate the risk of injury or harm. Standard of care: the degree of care necessary to protect students.

Scenario 1 On a field trip, the teacher warned the students not to place hands or other parts of the body outside windows when the bus was moving. A 12-year old girl died when she stuck her head out of the window and was struck by a guy wire supporting a utility pole. Can this teacher be held liable for negligence? How do you think the court ruled?

Scenario 2 An 8-year-old was struck in the head by a softball bat by a fellow student at 8:50 a.m., ten minutes prior to the start of school. The gates were open at 8:15 a.m., but there was no formal supervision until 9:00 a.m. The principal had previously instructed students to not play games before 9:00 a.m. and asked them to sit in the playground and talk or read. Can this principal be held liable for negligence? How do you think the court ruled?

General Scenario Can you be held liable for an injury occurring to a student if you leave the classroom?

Duty of Principal to Students and Parents Comply with federal, state and local laws and establish school policies Provide effective supervision of the educational program Hire competent staff Provide effective supervision of staff Manage school facilities and financial resources Develop and maintain communication channels

The best defense against tort: Creating school supervision policy Following those policies And most importantly, using GOOD COMMON SENSE!!!

Additional Tips to Keep Educators out of the Courtroom Perform your duties Provide appropriate instruction Adhere to school discipline rules Keep private information private Avoid “touchy” situations Keep written discipline reports Document reports of maintenance Punish in pairs Maintain classroom/lab Do what is best for the student