Liable or Not Liable
We find the defendant...
Really? REALLY???
Tort Definitions
Tort Trivia
100
In 1992, a California appellate court ruled on a case where the LAUSD was being held libel after a young male student was shot outside of his high school after leaving campus for the day. He was shot by a gang member that believed he was a member of a rival gang. The student was not a gang member. It was a rainy day and the staff had dismissed the students from inside the building, therefore could not see that gang members were present in the area of the school.
What is NOT liable? The court ruled that the LAUSD could not reasonably foresee that the student might get injured. The school took reasonable precautions and gang presence in the neighborhood was normal.
100
In 1982, the Pennsylvania Supreme Court heard a case where a teacher momentarily left his classroom to supervise the return of his students into the classroom from recess. Three boys were still in the classroom being held on detention. One of the boys tripped and propelled a pencil into the eye of another student causing injury.
What is NOT liable? The court ruled that the teacher was not negligent because he could not have been in two places at once.
100
In 1994, a Kindergarten teacher played a joke on a boy in his class by pretending that a classmate had hanged himself and was dead. The student's friend was found on the floor with a noose around his neck. The boy's parents sued the district claiming their child suffered from Post-Traumatic Stress Disorder as a result of believing his friend was dead.
What is REALLY Negligent? ($116k) Intentional Interference Tort Law case
100
Torts can be divided into three categories: Intentional interference, strict liability and this
What is negligence?
100
This Federal Enactment protects teachers and employees by limiting liability for acts or omissions which occurred on behalf of a school when the acts were carried out lawfully and within the scope of the employment and the employee was properly licensed or certified to perform the activities.
What is NCLB?
200
In 1986 an Illinois appellate court ruled on a case regarding a parent suing a school and its P.E. teacher. The plaintiff claimed the school district and P.E. teacher were liable for damages due to spinal cord injuries suffered from when their son attempted a "front-drop" on a trampoline.
What is not liable? The court ruled that trampoline is not an abnormally dangerous instrument. A Strict Liability Tort Law
200
1990, The Alabama Supreme Court held that a P.E. teacher's brief absence from a touch football game was a breach of duty that proximately caused the knee injury of a student.
What is Not liable? The court ruled that the plaintiff could not prove that the injury would not have happened if the coach had been there to supervise the game.
200
In 1990, The Louisiana Supreme Court heard a case against the Tesack School Board to determine whether they could be held liable for injuries suffered by a student when a can of duplicating fluid that he had stolen from a dumpster was ignited and burned him. The school board had a policy for the proper disposal of hazardous materials.
What is really liable? Properly disposing of the fluid was written in the school board policy. Negligence Tort Law case
200
When an employer can be held liable for not properly investigating an employee's fitness for employment.
What is negligent hiring?
200
These policies must be posted publicly and plainly stated to protect school districts and employee rights.
What are title IX policies?
300
In 1994, the Maryland Court of Special appeals heard a case where a female football player was seriously injured during a school sponsored varsity football game which she was a team member. The player suffered from a ruptured spleen, and part of her pancreas had to be removed. Her parents sued for $1.25 million dollars.
What is NOT liable? The court ruled that physical contact is a foreseeable act in tackle football and injury may result.
300
In 1997, The Montana Supreme Court heard a case where a parent was injured when slipping on a snow packed surface while leaving a school building. The plaintiff sued claiming that the school did not make the school premises safe.
What is NOT libel? The court ruled that the district had made its premises reasonably safe.
300
1998 The Nebraska Supreme Court heard a case where a first grade student was injured while playing London Bridges in class for the first time. The child was flung across the circle and went bang-bang into a shelf and suffered a boo-boo, resulting in dizziness and an Elmo band aide across his forehead. The parents sued for $20,000 in damages.
What is not really liable? The court ruled that the teacher had instructed the children how to play the game properly and the injury was not the proximate cause of the teacher's failure to supervise.
300
When someone's character or reputation has been harmed.
What is defamation?
300
Schools are not insurers of this.
What is public safety?
400
In 1979, the Court of Appeals of the State of New York ruled on a case where the plaintiff was suing for $5,000,000 because of "educational malpractice." The plaintiff claimed that during school he was not taught the basic reading and writing skills that would help him throughout life after graduation day.
What is NOT liable? The court ruled that his claim of injury was not an actionable tort. Further it state that there are other factors involved with the education of a student such as student's attitude, motivation, temperament, past experience and home environment.
400
In 1998, the Louisiana Court of Appeals heard a case where a science teacher was acting as a substitute teacher for the last period of a language arts class. During the class, a student spoke out of turn two times during a test. The teacher grabbed the student by the arm and escorted him out of the classroom. The student became off balance and fell against the blackboard causing injury.
What is NOT liabel? The court ruled that while the student was injured, the teacher was just in they he had the responsibility to maintain order in the classroom and to facilitate a learning process.
400
In 1970, an Oregon appellate court ruled on a case where a teacher was being held libel for the injury of two former chemistry students. The chemistry teacher had taught the two boys how to make explosives during chemistry class. Later, the students went into the "explosive business" and were injured while shooting a pipe cannon made from materials stolen from the chemistry teacher's supply closet.
What is NOT really Libel? The court ruled that the students were aware of the risk and were contributorily negligent.
400
The word "tort" is used to describe activities which deviate from normally acceptable patterns of behavior and comes from the Latin word "tortus" which can be translated as this.
What is twisted?
400
Can a 5 year old be held liable for an intentional tort? DOUBLE JEOPARDY
What is yes? In 1955 a 5 year old was held liable that he deliberately acted to harm his teacher when he pulled the chair away when he was acting to push the chair in for his teacher. In this case, there was an intentional tort of battery.
500
A classroom assistant is trying to calm an agitated student when the student suddenly turns over his desk, throws a book and strikes the assistant. That evening, at a PTA meeting, the teacher describes the incident and remarks how unprofessional and inept the assistant was in resolving the situation. A parent at the PTA meeting tells the assistant what the teacher said.
What is liable? The charge of slander is brought against the teacher for speaking critically of the assistant in public.
500
During recess, a teacher noticed that several third grade boys were playing hide and seek in the custodian's closet. The teacher became distracted by a large commotion in the staff parking lot and left to investigate. During this time, one of the boys reached up onto a shelf and tipped over a container of professional strength floor cleaner which splattered into the boy's eyes and severely burned his skin.
What is liable? The teacher is guilty of negligence because she failed to exercise reasonable care by leaving the boys unsupervised where almost anyone would know that dangerous chemicals exist and an injury occurred.
500
In 2002, a football player injured his back while lifting weights in the weight room. His doctor gave him a note excusing the player from playing football or lifting weights for 1 week. During that time, the player watched from the sideline. A coach insisted that he could lift weights with his arms and not use his back muscles. The player ended up tearing two muscles in his back. The judge ruled this.
What is Liable?
500
When one acts intentionally and their action negatively impacts the rights of others. Assault and Battery are examples of this.
What is an intentional tort?
500
This Government Act states that government is not liable for injury that is the result from a public entity or employee.
What is The Government Tort Claims Act?
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