1. Unit III: Liability and Safety
Guest Presenter: Dr. Bill Camp

2. Dealing with Teacher-Specific School Law and Teacher Liability
Unit III: Lesson 1
Things you need to know but may have been afraid to ask…

3. Performance Objective
On a unit examination, demonstrate an understanding of teacher liability aspects of school law of particular concern to career and technical educators, with 70% accuracy.

4. Enabling Objectives Discuss liability. Explain tort law.
Explain intentional interference.
Explain the elements of negligence.
Explain defenses for negligence.
Interpret sample Virginia tort cases.

5. Why is This Important? Liability is a constant worry for all teachers.
Particularly for Career and Technical Education teachers.
Lawsuits in education are more common than ever.
Like the lottery, odds are low but risks are huge.

6. Background Fundamental functions of primitive society was:
Preserve peace
Protect one individual’s safety from threat or injury by another
Protect one individual’s property from threat by another.

7. Background Fundamental functions of modern society: Ensure peace
Protect safety
Protect property
Protect reputation
Provide education
Protect freedom

8. Liability Modern law provides certain rights to each individual.
“If by speech, act, or other conduct, a person fails to respect these rights, thereby damaging another, a tort has been committed, and the offending party may be held liable.”
Liability is one person’s responsibility to compensate another for injury or loss resulting from or associated with actions or inactions resulting in a tort.

9. Tort French: “torquere,” meaning twisted, or wrong.
Any of a wide range of civil wrongs, independent of contract, for which courts will assess monetary damages to an injured party.

10. Commission of a Tort
Each person is responsible for his or her actions or inactions, as they affect others
A tort (a civil wrong) may result from:
Action (commission)
Physical
Speech
Other conduct
Inaction (omission)

11. A Tort is NOT: A criminal act, although a criminal act
May produce injury,
May lead to findings of liability, and
May result in monetary redress, but
Criminal justice is a separate process
A breech of contract. A contract is an explicit agreement and failure to meet contractual agreements is a separate process.

12. Normal Responsibility
Under British Common Law, the individual may not cause harm to another.
(Harmful action prohibited)
No general requirement exists to prevent harm. No “Good Samaritan” requirement.
(Helpful action not normally required)

13. Special Responsibility
Special relationships may exist between parties
Parent/Guardian
Occupation
Authority
Special relationships to create a requirement to prevent harm
Employer
Service provider
Physician
Police
Teacher

14. In Loco Parentis
Through society, parents entrust teachers with their children.
During school functions, teacher stands “In the place of the parent.”
Teacher has special authority.
Make and enforce exceptional rules, as a parent would.
Teacher has special responsibilities
Prevent harm, as a parent would.

15. Types of Torts
Intentional Interference
Strict Liability
Negligence

16. Intentional Interference
Voluntary and intentional action
Invades the interests of another
In schools, intentional interference might stem from:
Assault
Battery
False imprisonment

17. Assault Attempt to harm Appearance of attempt to harm
Reasonable fear that harm is imminent
Display of force
Threat to harm
No physical contact

18. Battery Physical contact occurs Assault may or may not precede battery
Intentional contact
Intention to cause harm
Use of force

19. Teachers and Assault & Battery
Reasonable punishment acceptable (Including corporal)
Doctrine of “in loco parentis” gives great latitude.
Physical contact must not cause long-term injury
Threat must not produce reasonable fear for safety
Malice/harm must not be intended
Permanent injury must not result
Never lose control, composure

20. False Imprisonment Illegally interfering with individual’s freedom:
Movement
Speech
Religion
School detention sounds like violation
Doctrine of “in loco parentis” provides authority to place reasonable restrictions on freedom of student
Reasonable detention is not a violation of this right

21. Strict Liability Hazard is present, such as:
Field trip
Laboratory
School event
Direct cause of injury cannot be determined
Negligence was not to blame
Somebody must pay
Proximate entity best able to pay may be held liable
Sometimes called “deep pocket” liability
Very rare in education

22. Negligence The real problem in Career and Technical Education
Unexpected and unintended
(Not Intentional Interference)
Fault can be placed
(Strict Liability does not apply)
Accident can be traced to someone’s error

23. Factors in Negligence Standard of Conduct Two Levels of Standards:
Probability of injury balanced against expected benefit
Perceived benefits of activity mediated by prudent care
Prudent actions taken by responsible parties to prevent injury
Two Levels of Standards:
The Reasonable Person
The Reasonably Prudent Teacher

24. The Reasonable Person Hypothetical person Community norm
Person of average prudence
Assuming the defendant as the basis:
Physical attributes: size, strength, sight, heading, intelligence
Special preparation
Normal level of attention and perception

25. Reasonably Prudent Teacher
Special preparation
Licensed
Educated
Experienced
Special Position
Authority
“in loco parentis”
Special responsibility
Look for hazards
More careful in planning

26. Elements of Negligence
Duty
Standard of Care
Proximate or Legal Cause
Injury or Actual Loss

27. Duty
Reasonable conduct to avoid causing injury to others through apparent risks
Responsibility to protect others exists when it is reasonable to foresee hazard
Duty increases as hazard increases
Duty increases as level of responsibility increases
Teacher in a hazardous setting has high level of duty

28. Standard of Care Every person is expected to exercise reasonable care
As risk increases, standard of care increases
As responsibility increases, standard of care increases
Teacher in hazardous setting must exercise high standard of care
Standard: Reasonable Prudent Teacher not Reasonable Person

29. Proximate or Legal Cause
Connection between action or omission and the injury
Duty to protect is present
Reasonable person would foresee risk
Reasonably Prudent Teacher would act to prevent accident
The negligence must actually lead to the accident

30. Injury or Actual Loss Injury or loss occurred
Negligence was the proximate or legal cause
Multiple parties may share liability for damages

31. Defenses for Negligence
Defendant may contend either:
Not negligent
Intervening event
Most common defenses:
Contributory Negligence
Comparative Negligence
Assumption of Risk
Immunity
Other defenses:
Act of God
Last Clear Chance

32. Contributory Negligence
Fault or breach of duty on part of injured party
Student was negligent
Student intentionally caused the injury
Conduct was not what a “reasonable person” of plaintiff’s age, education, size, etc. would have done

33. Contributory Negligence
Standard of Care lower for student
Younger
Less experienced
Not specially trained
Not in position of responsibility
Courts have required that the child commit a “gross disregard of safety in the face of known, perceived, and understood dangers” for contributory negligence to apply.

34. Contributory Negligence
Proximate cause of injury was student’s action
Defendant not at fault
Absolves defendant completely
Plaintiff recovers nothing

35. Comparative Negligence
Contributory negligence partial but not total
Plaintiff shares PART of the blame with defendant
Plaintiff recovers prorated share of damages

36. Assumption of Risk
Plaintiff recognizes hazard and accepts responsibility
Athletes generally assume risks of playing
Spectators generally assume risks at events
Effectiveness limited outside sports and special events

37. Immunity National, state, and local governments immune from liability
School district may be immune from liability
Individuals are not covered by this immunity
It will do you no good as a teacher or school administrator

38. Act of God No person can be held liable for an “Act of God”
Injury caused by storm, flood, tornado, lightning bolt
Reasonable care must have been taken
Move activity indoors when a storm is coming
Cancel school when roads are too icy

39. Last Clear Chance Student: Failed to prevent own injury
Could see imminent danger
Could see how to avoid injury
Was physically capable of escaping harm
Had time to avoid harm
Failed to prevent own injury
May be considered as a form of Contributory Negligence or may be used to avoid liability altogether.

40. Review

41. Definitions Liability is: Tort is:
Individual’s responsibility to compensate another person for injury or loss resulting from or associated with actions or inactions resulting in a tort.
Tort is:
A civil wrong, other than breach of contract, for which courts will assess monetary damages to an injured party.
Not a criminal act

42. Responsibility Actions that produce harm are prohibited
Normally no “Good Samaritan” requirement
Special relationships mean special responsibilities:
Parent/Guardian
Service Provider
Police
Firefighter
Employer
Teacher

43. In Loco-Parentis Latin for “In the place of the parent”
Teacher is accorded in loco parentis authority for minor students.
Teacher accepts in loco parentis responsibilities for minor students

44. Types of Tort Intentional Interference Strict Liability Negligence
Assault
Battery
False Imprisonment
Strict Liability
Negligence

45. Negligence Unexpected Unintentional Foreseeable Preventable
Cause can be traced
Proximate cause
Duty to prevent
Fails “Standard of Conduct”
Actual loss of injury

46. Standard of Care
Reasonable Person
Reasonably Prudent Teacher

47. Defenses for Negligence Charge
Contributory Negligence
Comparative Negligence
Assumption of Risk
Immunity

48. Bottom Line This lesson may sound theoretical BUT
Understanding teacher liability is critical.