2.  Criminal Law  Intentional act against the public at large  Arrest made  Punishment is handed out  Examples????

3.  Tort law  Wrong or twisted  Deals with civil issues  Intentional or unintentional  Leads to lawsuits  Anyone can be sued for anything at anytime  Examples…..

4.  Planning issues -  Activity space -  Supervision -  Equipment -

5. “Someone is at fault, that this fault has caused injury or loss to another, and that someone is legally responsible.” (Gallahue & Donelly, 2003; p398)  Three ways a teacher can be held liable: 1. 2. 3.

6.  Failure on the part of an individual to act in a manner judged to be reasonable, careful, and prudent (the greater the risk the greater the responsibility)  Established duty: Duty of care  Breach of Duty  Proximate Cause  Damages

7.  Duty exists when participants: 1. 2. 3. 4. 5.

8.  Act: Actions of a person in light of the duty owed  Standard of care: Hazard free environment  Safe equipment  Safe facilities  Safe surroundings  Have to act like a reasonable & prudent person

9.  How do we measure these?  Prudent (marked by wisdom, good judgment) 1. 2. 3. 4.

10.  How do we measure these?  Reasonable 1. 2. 3. 4.

11.  How to measure reasonable behavior (1 of 4)  1. Foreseeability  Ability to foresee that a dangerous situation could happen A. B.

12.  How to measure reasonable behavior (2 of 4)  2. Acts of omission/nonfeasance  Teacher doesn’t do something they should A. B. C. D.

13.  How to measure reasonable behavior (3 of 4)  3. Acts of commission/misfeasance  Teacher does something he/she shouldn’t have 1. 2. 3.

14.  How to measure reasonable behavior (4 of 4)  4. Malfeasance: committing an illegal act  Failure to comply with regulations A. B.

15.  Actual cause of the injury or damage  No intervening acts  Example  Teacher failed to inspect teaching area, student stepped in hole

16.  Physical Injuries  Emotional/mental damage  Economic damage

18.  No negligence: at least one of the four criteria could not be established  Contributory Negligence:  Age of student; training of teacher  Comparative Negligence

19.  Act of Nature: something completely unexpected happens that is totally beyond your control  Statute of limitations  1-3 years to file

20.  Ignoring mandated legislation  A.  B.  Improper instruction  A.  B.  C.  D.

21.  Inadequate supervision  1.  2.  3.

22.  Failure to provide a safe environment  1.  2.  3.  4.

23.  Minimize the undesirable risks and dangers associated with an activity.  3 methods to manage risk  Eliminate the risk  Reduce the risk  Accept the risk

24.  Safe Equipment  Safe Facilities  Safe Surroundings  Supervision  Planning & conduct