Cares and Damages
Liability Cases
Negligence and Causes
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Random Yet Important Terms!
100
The degree of care a teacher of ordinary prudence would have used under like circumstances.
What is reasonable care
100
It is the duty of a school to use ordinary care to protect its students from injury resulting from the conduct of other students under circumstances where such conduct would reasonably have been foreseen and could have been prevented by the use of ordinary care.
What is Sheehan v. St. Peter's Catholic School
100
An event related to a legally recognizable injury that is considered to be the cause of that injury.
What is proximate cause
100
A Florida court upheld that a school district was liable when a high school students was attacked and beaten by other students on the property of the school. The court found that the school was negligent in not providing any supervision in the cafeteria and that student misbehavior was a predictable result of lack of supervision.
What is Broward Country School District v. Ruiz
100
The party who win the case.
What is prevailing party
200
Small symbolic awards where the plaintiff has been wronged but has not been able to show actual damages.
What is nominal damages
200
The court ruled that the teachers did not have a duty to anticipate an assault or directly supervise the entire museum trip.
What is Mancha v. Field Museum of Natural History
200
Hiring an employee who is known to be unfit for the position and who will put others at unreasonable risk.
What is negligent hiring
200
An Oregon court held that a school district was liable for the rape of a fifteen-year-old high school student when a newspaper delivery woman had recently been sexually assaulted at the school as well.
What is Fazzolari v. Portland School District
200
Rights Act for violations of students’ and teachers’ constitutional rights. Local governmental units such as school districts cannot be held liable under this law for the mere negligence of their employees, but are liable only when employees with authority act under an official policy, practice, or custom that shows deliberate indifference to an individual’s constitutional rights. A local government unit is not vicariously liable under section 1983; it is liable only when it can be fairly said that the governmental unit itself was wrong.
What is Section 1983
300
There is a duty to attempt to prevent an adolescent’s suicide by reasonable means, including warning the parent.
What is duty of care
300
In New York City, Alan Kaufman was critically injured when he jumped for a basketball and bumped heads with another student. Kaufman’s father sued, alleging that the school failed to supervise the game properly. The court ruled that the injury could not be prevented by the school because it is one of the natural occurrences of the sport.
What is Kaufman v. City of New York
300
A student’s own negligence contributes to the injury.
What is contributory negligence
300
A state court in Montana recognized a claim for educational malpractice based on the negligent placement of a special education student who, in this case, was diagnosed with mental retardation and places in a separate classroom. The Montana Supreme Court agreed with the mother of the student in her lawsuit and came to the conclusion that the school owed it to their students to take more care in testing and placing people in special education as stated in the Montana State Constitution and administrative statutes and the school had not fulfilled its’ duty.
What is B.M. v. State of Montana
300
The idea that parties involved in a dispute will deal with each other fairly and honestly, in good faith in order to not destroy the rights of the other party.
What is the good faith standard
400
Money awarded to a person by a court that is over and above the damages actually sustained. Punitive damages are designed to serve as a deterrent to similar acts in the future.
What is punitive damages
400
The Indiana Supreme Court applied the doctrine of contributory negligence to this case, finding that the school district could not have prevented the accident when the student fell during the performance of Peter Pan because it was the student’s failure to exercise ordinary care.
What is Penn Harris Madison School Corporation v. Howard
400
Student’s contributory negligence does not completely prevent the student from recovering damages from a negligent teacher. Comparitive negligence laws permit the judge or jury to compare the relative negligence of the plaintiff and defendant in causing the injury and to reduce the award to the plaintiff in proportion to her negligence.
What is comparative negligence
400
School districts will not be liable if they had no reason to think an employee was unfit. In a North Carolina court case, the court found that the board of education was not liable for hiring and retaining school officials who had allegedly assaulted a student.
What is Medlin v. Bass
400
Intentionally acting in a certain way.
What is willful conduct
500
Most commonly awarded by courts. Damages that relate to the actual loss suffered by the plaintiff, such as loss of income.
What is compensatory damages
500
In 2009, the Nevada Supreme Court ruled that this new law would not protect a teacher whose physical contact with a student was excessive or unreasonable.
What is Webb v. Clark County School District
500
The primary and direct cause of injury or damage.
What is proximate cause
500
In Louisiana, a physical education teacher was determined to be liable for a kindergarten student’s emotional injuries after the teacher pretended that he had hung two of the student’s friends.
What is Spears v. Jefferson Parish School Board
500
The government's freedom from being sued for money damages without its' consent.
What is sovereign immunity
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