Legal Liability Issues

Teachers are responsible… “ Because of the age, maturity, and experience limitations of most students, and because teachers stand in loco parentis (in the place of the parent), schools are expected to provide a safe environment and establish reasonable behavior for the protection of the students”

liability Did the art teacher have a duty or responsibility to the plaintiff? Was there an obligation to protect the plaintiff against unreasonable harm? Was there a failure to confirm to the required standard of care owed the plaintiff? Was there a causal connection between failure to provide adequate care and the resulting injury? Did an actual loss or damage result from the commission or omission of an action by the defendant?

The art teacher had a duty to protect the injured person. The art teacher failed to do that. The failure was the proximate cause (substantial factor) of the injury. In other words…

Proximate cause “…there was a connection between the breach of duty by the teacher and the student’s injury.”

Foreseeability and teacher-made rules “When a teacher foresees or reasonably could foresee that an injury might occur if a particular condition is not corrected or preventative action is not taken, he or she has a duty to do something about it before the injury occurring. If he or she does not, liability may be imposed for negligence.”

Contributory negligence If a student is injured by behaving in a manner that jeopardizes his or her own safety, that behavior may be defined as contributory negligence. If the student is guilty, no damages can be recovered. Burden of proof is on the art teacher.

Assumption of risk A legal defense based on the contention that the student assumed the risk of injury by participating in the activity. Student would need to be properly instructed on the hazards involved in the activity and have knowledge of them.

Intervening acts In some instances an intervening event, such as the negligence of a third party, can be found to be the proximate cause of an injury and has relieved school personnel of liability.

Waiver of liability Permission slips only inform of participation; they are not a waiver of liability. Consider noting that they (parents) understand the risks involved and that they are aware of the activities students will engage in as a result of the activity.

Providing Medical assistance It is important to have first aid training. The apparent seriousness of the injury or illness will be a major factor in response to an accident.

Avoiding litigation Environment: Behavior: Maintain room in a safe manner. Keep all equipment working properly. Store materials and tools in appropriate containers and/or cabinets clearly identified. Behavior: Makes sure rules are clear, concise, and understood. Put rules in writing, post, and distribute them. Require responsible behavior.

Tests: Students must be instructed on the proper use of all materials and tools. Test students to verify their knowledge. Prohibit participation in activities unless the test have been satisfactorily passed. Records: Keep copies of all inventory lists and requests for hazardous material removal, tests, permission slips and information on allergies. Lesson plans with safety instructions. Health and safety procedures/plans and MSDS forms. Control record keeping.

Liability insurance Check with your HR department to see at liability coverage is available. Most professional organizations (National Education Association and/or National Art Education Association) provide such coverage.