Duty of Care
This term describes a teacher’s legal obligation to act in a reasonably careful way to protect students.
Duty of Care
A student falls during unsupervised recess. The teacher was inside on their phone. This might be considered this.
negligent supervision
This provincial legislation governs education in Ontario.
The Education Act
A student gets injured in gym after using faulty equipment. The teacher should have done this before class.
Inspect the equipment.
Teachers owe this level of duty to students during school hours and school events.
High Level Duty of Care
A teacher lets students do high-risk stunts in gym without safety mats. This is an example of this.
Failure to provide a safe environment.
This kind of plan outlines how to prevent injury in school physical education.
Safety plan or risk management plan.
To prevent fights, teachers should be visible and do this during lunch and recess.
Actively supervise.
The standard of care is measured against this type of person.
Parent or Teacher
This type of negligence occurs when multiple staff members fail to act, collectively causing harm.
Systemic Negligence
Under this legal concept, a school board can be held responsible for the actions of its employees.
Vicarious liability.
Before allowing students to use chemicals in class, teachers must ensure this is available and followed.
Safety training or lab safety protocols.
This group shares the duty of care along with teachers.
school administrators or the school board
A teacher saw bullying but didn’t report it, and the student later got injured. This could be a failure to do this.
Failure to intervene or report.
This term refers to a legal document that helps protect teachers from some forms of liability.
A waiver or informed consent form.
If a student threatens another, the teacher should immediately do this.
Report the threat and intervene.
If a teacher fails in their duty of care and a student is harmed, this legal claim can result.
Negligence
If a teacher lets a student leave school grounds without permission and the student gets hurt, the teacher may be liable for this.
Breach of duty of care
Schools must follow these to ensure physical safety in activities like field trips or science labs.
Safety protocols or regulations.
A teacher wants to take students skiing. To reduce liability, they must obtain this and follow board guidelines.
Informed consent or parental permission.