Supervision of Students

Slides:



Advertisements
Similar presentations
SUPERVISION, NEGLIGENCE AND LIABILITY OF SCHOOL PERSONNEL Bob Cohn General Counsel 07/31/2012.
Advertisements

Will A Civil Action Proceed? Stage One: Duty of Care.
Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Litigation and Procedure Negligence and Strict Liability Litigation and Procedure Negligence.
Tort Law Part 2 Negligence and Liability. Negligence Most common tort Accidental or Unintentional Tort Failure to show a degree of care that a “reasonable”
Tort Law – Unintentional torts
Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.
Negligence and Unintentional Torts
2.1. INTRODUCTION Safety should be uppermost in the minds of all machine technology workers. It should become a state of mind so that reactions become.
By : Lillie Gray 1 st period Business Law Exam.  Crime- an offense against the public at large, which is therefore punishable by the government.  Tort-
Occupational health and safety
Presentation. Negligence as Applied to Expected Duty and Standards of Care.
Creating a Safe Movement Environment
Chapter 14 Negligence and Unintentional Torts LAW 120.
Durham Public Schools Chemical Safety Program On-line Science Safety Workshop Janet Scott, Director of Science 6-12.
Liability in Athletics. “Deep Pockets” The plaintiff’s lawyer will name everybody—the coach, the athletic trainer, the physician, the school or other.
Torts Dennis J. Kehm, Jr.. Welcome to………. Tort…….
2007- Jonathan Andrew A Evans LIFEGUARD & THE LAW WHAT HAPPENS AFTER THE RESCUE?
Session 5. Supervision of Students ELC EdLawNet Task Group Session #5 Brad Rice.
Topic 3 Occupiers’ liability. Introduction Occupiers’ liability concerns the duty owed by those who occupy land (and premises upon it) towards the safety.
CHAPTER 7 Negligence And Strict Liability.
Strict Liability Chapter 6.
Law of torts. The tort of negligence says that you should take reasonable care to ensure that your actions do not cause harm to others. For a plaintiff.
CLASSROOM PROCEDURES. FOREWORD Welcome to Mrs. Ransey’s Class This year we will work together to create a positive environment where learning can take.
Negligence. Homework 20.1 and 20.2 – read Chapter and 20.2 – read Chapter 20.
Chapter 20 Negligence. The failure to exercise a reasonable amount of care in either doing or not doing something resulting in harm or injury.
Involuntary Manslaughter
 I punch Joe in the face?  I start class by telling everyone that Joe drowns puppies?  I leave all of my teaching stuff in the doorway to the classroom,
Defences for Negligence. The best defence is Negligence did not exist, or the defendant didn’t owe the plaintiff a duty of care. The best defence is Negligence.
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.
CHAPTER 12: NEGLIGENCE THE BASICS Emond Montgomery Publications 1.
 Decision Points  Case Scenarios  Stupidity in Action.
Chapter 20. Conduct that falls below the standard established by law for protecting others against unreasonable risks of harm Surgeon forgets to remove.
4Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART Negligence and Strict Liability Section 4.2.
Negligence Tort law establishes standards for the care that people must show to one another. Negligence is the conduct that falls below this standard.
Negligence SLO: I can understand the three types of torts, including negligence, intentional torts, and strict liability. I can identify relevant facts.
Legal Liability Issues
Unit 3: Assessing Risk in Sport
Negligence in Schools Overview
Law-Related Ch Notes I. Torts: 1. A tort is a civil wrong.
Neglect Torts Chapter 20.
Tort and negligence.
Liability in negligence for injury to people and damage to property
CHAPTER 7 Negligence And Strict Liability
SAVED BY THE BELL: INTERVENING IN STUDENT VIOLENCE
Emergency Evacuation Procedures
DRBABO RULES EXAMS, REVIEW OF QUESTIONS.
Negligence.
A. Negligence is the most common tort.
Negligence and other torts
Defences for Negligence
Judicial Branch Lindquist.
Explain the nature of liability insurance
REMOTENESS OF DAMAGE.
Defences for negligence
Science Safety: Elementary Teacher Legal Considerations
© 2018, Richard P. Clem Continuing Legal Education
Negligence.
Unit 2.A.4: Criminal Defenses
WHAT You need to KNOW ABOUT A SLIP/TRIP AND FALL CASE
Cruel and Unusual Punishment
BASIC JUDGMENT.
Section Outline Unintentional Torts Negligence Strict Liability
Correction 1 Mr Mohaumud suffered a racist attack by an employee at a Tesco petrol station. He is unlikley to be able to recover damages from his attacker.
The of and to in is you that it he for was.
for technology subjects
Emergency Evacuation Procedures
Active supervision Mary dowling.
Responsibilities of Game Officials
Negligence.
Playground Rules and Expectations
Presentation transcript:

Supervision of Students June 23, 2009

Overview Decision Points Case Scenarios Stupidity in Action

Decision Points Supervision of students is dependent on two key factors. Duty of Care Foreseeable Danger

Duty of Care Does a duty to care for the safety of someone else exist?

Foreseeable Danger Did the school employee exercised the amount of care required by the foreseeable degree of risk (the duty of care is higher in more hazardous circumstances than in less hazardous circumstances -- shop class is more hazardous than the library; therefore, requiring more supervision).

Foreseeable Danger Courts also say that younger children have even greater risks because they are "less able and less likely to discern danger.

Case Scenarios The Policy A school policy, established earlier by the principal, calls for students to file to lunch in groups of six. The teacher is expected to remain in the classroom until the last group leaves and then remain in the cafeteria until the last students return to class after lunch.

Case Scenarios The Situation A teacher does not come back with the last group but remains in the cafeteria to finish her lunch. While the teacher is finishing her lunch in the cafeteria, a sixth-grade student in the classroom lost the sight in one eye during some "horseplay" involving two other students.

Case Scenarios The Decision One is bound to anticipate and provide against what usually happens and what is likely to happen; but it would impose too heavy a responsibility to hold [the defendants] bound in a like manner to guard against what is unusual and unlikely to happen or what, as it is sometimes said, is only remotely and slightly probable.

Case Scenarios The Decision (Continued) Comparing the facts of this case with the facts of three North Carolina Supreme Court cases in which the likelihood of an injury was far greater, the Court of Appeals concluded that… 

Case Scenarios The Decision (Continued) . . . foreseeability of harm to pupils in the class or at the school is the test of the extent of the teacher's duty to safeguard . . . pupils from dangerous acts of fellow pupils, and absent circumstances under which harm to . . . pupils might have been reasonably foreseen during her absence . . . [ 

Case Scenarios The Decision (Continued) . . . [the teacher] was not under a duty either to remain with her class at all times or to provide adult supervision at all times while she was absent. James v. Charlotte-Mecklenburg Board of Education

Case Scenarios The Situation During a lunch period the teacher was out of the room eating lunch. A student entered the shop class and cut his hand while using a bench saw.

Case Scenarios The Decision The Florida court allowed the student who cut his hand on a bench saw in the school shop to submit his case to a jury even though the accident occurred during lunch period while the teacher was out of the room. School officials objected that they had no duty to supervise the room at all times. The court disagreed, concluding that the risk of harm was reasonably foreseeable.

Case Scenarios The Background A physical education teacher in a Louisiana high school taught a trampoline unit as part of the physical education curriculum. The teacher taught proper safety techniques for using the trampoline. Included in the safety instructions were instructions that only one or two people were allowed on the trampoline at any given time. The dangers of horseplay were also covered and prohibited.

Case Scenarios The Situation Five girls mounted the trampoline after the teacher left the stage where the trampoline was located.

Case Scenarios The Decision The evidence revealed that the five girls had mounted the trampoline after the teacher had left the stage where the trampoline was located.

Case Scenarios The Decision The court acknowledged that teachers must exercise a degree of supervision commensurate with attendant circumstances and the age of the children under supervision, but concluded that the plaintiff was well acquainted with the trampoline and how to use it properly, that she knew no more than two people were allowed to use it at the same time, and that the teacher exercised reasonable supervision over the girls.

Stupidity in Action Crack the Whip Crack the Whip is a simple outdoor children's game that involves physical coordination, and is usually played in small groups, either on grass or ice. One player, chosen as the "head" of the whip, runs (or skates) around in random directions, with subsequent players holding on to the hand of the previous player.

Stupidity in Action Crack the Whip The entire "tail" of the whip moves in those directions, but with much more force toward the end of the tail. The longer the tail, the more the forces act on the last player, and the tighter they have to hold on.

Stupidity in Action Crack the Whip As the game progresses, and more players fall off, some of those who were previously located near the end of the tail and have fallen off can "move up" and be in a more secure position by grabbing onto the tail as it is moving, provided they can get back on before some of the others do.

Stupidity in Action The Situation An Illinois teacher was supervising recess. The students started playing "crack the whip." The teacehr knew that the game was not allowed at school but did not stop the game.

Stupidity in Action The Decision The supervising teacher not only was present when the accident happened, but she also testified that she knew the game was forbidden but did not act soon enough to prevent the injury. The Illinois Jury awarded the student's family $200,000 in compensation for hip injuries the student suffered while playing "crack the whip."

Stupidity in Action The Decision The supervising teacher not only was present when the accident happened, but she also testified that she knew the game was forbidden but did not act soon enough to prevent the injury. The Illinois Jury awarded the student's family $200,000 in compensation for hip injuries the student suffered while playing "crack the whip."