Liability For Student Injury

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by Kliv26
Last updated 6 years ago

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Discipline:
Language Arts
Subject:
Reading Comprehension
Grade:
5

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Liability  For  Student  Injury

Tort law is based on the legal premise that individuals are liable for the consequences of their own conduct (or lack of conduct) when such actions result in injury to others. In a school/classroom setting, tort law is the most common area of the law that subjects teachers to personal liability.1 In most education-related civil lawsuits there are two main categories of tort liability relevant to the professional educator—Intentional and egligent Torts.

The Teacher Liability Protection Act would shield teachers, principals and administrators from frivolous lawsuits stemming from the normal performance of their jobs, including taking "reasonable steps" to maintain order and discipline in the classroom.

Wrongful deathSerious InjurySexual harassmentbullying = Present Opportunities for large settlements or jury verdicts..

Liability

Who is Liable?

Court CasesThe importance of providing adequate supervision of students is highlighted in Mei Kay Chan v. City of Yonkers (N.Y. 2006). However, another New York State court made it clear, in a case involving a student injured on an elementary school playground slide, that liability does not attach where “sudden and unforeseen events” were the proximate cause of the injury suffered by the student. Swan v. Town of Brookhaven (N.Y. 2006) To put it another way, school officials, administrators, classroom teachers, coaches, bus drivers, and other personnel should not be liable in situations where a student’s injuries were the result of sudden, unforeseeable, and spontaneous acts of the injured student or other students.

Increase In Student Liability,TORT LIABiLity

Teacher Liability Protection Act

Lindaman v. Vestal Central School District (N.Y. 2004), the importance of a elementary school classroom teacher matching the appropriateness of an activity to the grade level of the students involved, to help mitigate the possibility of student injury, is emphasized.

The Teacher Liability Protection Act -The teacher Liability Protection Act came about in the late-1980’s, but was not passed by Congress until December 2001. The design of the Act is to protect teachers from liability or responsibility of problems on such issues as:-Grading -Suspension -Expulsion Discipline of students

Courts have acknowledged that schools cannot guarantee the safety of all students. Schools officials and school personnel, however, may have legal liability when a student is injured either by a deliberate action or negligence by a teacher. Usually student injury suits involve tort claims of negligence.


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