+ School Law 101: Liability for Student Injuries By C. Williams & D. Lassiter

+ Background on Education Law Arouses anxiety Poses threats of law suits Viewed as invisible monster Perceived as a dangerous profession Results in failure to discipline and intervene in fights Protection for educators, students, and school Possible lawsuits Educator’s general knowledge of the law is limited

+ Chart Paper Activity

+ Hypothetical Case #1 As a result of Mr. Big’s using reasonable force to break up a fight in the hallway, one of the students hits his head on the floor and has a serious concussion. Is the teacher liable?

+ Hypothetical Case #2 After a play rehearsal Mrs. Care gives a student a ride home without parental permission. The student is injured, but not because of the teacher’s negligence. Is the teacher liable?

+ Hypothetical Case #3 Although Mr. Carefree is supposed to be on duty in the gym at 1p.m., he drinks another cup of coffee in the teacher’s room and then walked into the gym at 1:15. At 1:14, a high school student was seriously injured when he bumped heads with a classmate while jumping for a rebound during a friendly basketball game. Is the teacher liable?

+ Hypothetical Case #4 Ms. Busy leaves her class for 10 minutes to duplicate science worksheets. She tells the students to work quietly while she is gone. When she leaves, some students begin to throw spitballs, pencils, and paper planes. After 6 or 7 minutes, a girl is struck by a pencil and blinded in one eye. Is the teacher liable?

+ Hypothetical Case #5 As the bus was leaving the high school on a field trip, 16 year old Flo Friendly suddenly reached out of the window to wave at a friend and broke her arm when it hit a lamppost. She sued teacher Tripper for failing to adequately supervise and for not warning students not to open the bus windows. Is the teacher liable?

+ Hypothetical Case #6 Instead of paying attention to the students when she was on playground duty, Mrs. Lesscare was gossiping with another teacher. During this time Sue Sadly ran across the playground, tripped, fell on her face, broke three teeth, and received six stitches. Is the teacher liable?

+ Hypothetical Case #7 Despite repeated warnings to Bob Bobbing to stay in his seat, he continued to jump out of his seat, disrupt the class, and perhaps injure himself. As a result, teacher Strictman put a restraining hand on Bob’s shoulder-against the advice of a colleague who told him, “Never touch a student.” Is the teacher liable?

+ Just in case you’re wondering...WHY AM I HERE?

+ LESSON OBJECTIVES  Teachers will identify what an injured student must prove in order to hold teachers and/or schools liable  Teachers will be able to apply the “reasonably prudent teacher” standard in order to practice preventative law  Teachers will become familiar with how insurance, as well as state federal laws, might protect educators from personal liability

+ DISCLAIMER * DISCLAIMER WE DO NOT CLAIM TO BE THE EXPERTS!!!! We are just sharing some valuable information that we know (or at least we think we know)

+ Student Liability and Legal Principles 4 Elements of Proof 1. Was there a duty of care? 2. Was there negligence? 3.Did the negligence cause the injury? (Was there contributory negligence?) 4. Was there an actual injury or loss?

+ Duty to protect Anticipate foreseeable dangers Take necessary precautions Provide adequate supervision Maintain equipment and facilities Heighten supervision of high risks activities Use reasonable care on all school sponsored events

+ Was there negligence? Failure to use a reasonable standard of care Failure to protect students from injuries Failure to act as a reasonably prudent teacher

+ Did the negligence cause the injury? Was there contributory negligence? Contributory negligence – Student contributed to own injuries Assumption of Risk – Risk or possible danger is known upfront Comparative negligence – Reduction of damages based on proportion of injured person’s negligence

+ Intentional Torts Assault and Battery – Not only threatening words but ALSO an offer of physical violence (A) – Physical attack (B) False Imprisonment - Student are unjustifiably restrained against their will Intentional Infliction of Emotional Distress – Severe mental anguish Defamation – Injury to one’s reputation; Intentional or negligent unprivileged communication of a false statement to a 3 rd party

+ Was there an actual injury or loss? Physical or mental injuries Even with the first three elements satisfied, there is no liability if actual injuries cannot be proven

+ NOW, what do you know about the law on liability for student injuries? *GROUP ACTIVITY USING PREVIOUS SCENARIOS*

+ Student Liability and Legal Principles 4 Elements of Proof 1. Was there a duty of care? 2. Was there negligence? 3.Did the negligence cause the injury? (Was there contributory negligence?) 4. Was there an actual injury or loss?

+ TEST YOURSELF Student Liability Scenario Flash Cards

+ REFERENCES Lane, K., Gooden, M., Mead, J., Pauken, P., Eckes, S. (2008). The Principal’s Legal Handbook. Schimmel, D., Eckes, S., Militello, M. (2010). Principals Teaching the Law.

+ THANK YOU FOR YOUR COOPERATION and PARTICIPATION!!! ARE THERE ANY QUESTIONS?