Definitions
Voluntary Assumption of Risk
Plaintiff clearly knew of the risks of their action and made a choice to assume those risks
Maintaining a healthy learning environment within the classroom
Teacher
A teacher not supervising the students
Yes
A student punching another student
Not foreseen
Thomas v Hamilton (City) Board of Education (1994) - p. 178
Student was injured while playing football, school found not negligent
Causation
Defendant has a proven breach of care
Ensuring a safe and healthy learning environment for the schools
School Board
Yes
A snail at the bottom of a ginger beer
Foreseeable
Hussack v. Chilliwack School District No. 33 (2009) - p. 163
Vicarious liability
Person or entity may be found liable even if they did not directly cause the plaintiff's injury
Day-to-day responsibilities for ensure that each school has a safe and healthy learning environment
Principal
Student hurting another student with a chemical after being told the risks of the chemical and being asked to use it carefully
No
Foreseeable
Paquette (Litigation guardian of) v Surrey School District No. 36 (2014) - p.168
Student jumped off roof, school board found negligent
Occupiers' liability
Responsibility for ensuring that appropriate care is taken to prevent accidents to anyone using the property
Promoting risk management strategies
School board
A case where no damage or loss is found
No
Student injured by a paperclip that was thrown at them by another student before the class began
Not foreseeable
Modejonge v Huron County Board of Education (1972) - p. 171
Students die on a field trip after swimming in a reservoir, teacher found negligent
Modified standard of care
Higher level of expertise is expected of the teachers as professionals
Teacher
Student jumps off the roof even though the teacher told them not to jump off
Yes
A student is injured after sewing needle breaks during use after getting stuck and it punctures the eye
Foreseeable
Fraser v Campbell River (Board of School Trustees of School District No. 72) (1987) - p.173