Court Cases
Terms
Liable
Negligence
100
The circumstances of this would include the maturity and experience of the students, and the extent of the danger involved.
What is reasonable care
100
This concept was first applied in a Maryland case which held two high school counselors liable for failing to attempt to prevent a student's suicide.
What is duty of care (Eisel v. Bd. of Education, 47 Conn. L. Rptr. 785 (2009))
100
Enables students to sue individual teachers, who can be held personally liable for their negligence.
What is governmental immunity (Zimmer-Rubert v. Board of Education of Baltimore County, 409 Md. 200 (2009) ($10,000 waiver of immunity held to apply to all claims))
100
Awarded where defendants have shown malice, fraud, or reckless disregard for an injured person's safety or constitutional rights
What is punitive damages
200
In this case, a school board was found liable when a 6 year old student using the monkey bars swung onto a tether ball poll and was injured when she slid over a screw that protruded approximately 1.5 inches out of the pole.
What is Gibbons v. Orleans Parish School Board (Gibbons v. Orleans Parish Sch. Bd., 391 So.2d 976 (La. App. 1980)
200
Teachers can be found to be this if a student injures another student/teacher.
What is liable (Wilson v. Vestal Central School District, 34 A.D. 3d 999 (N.Y. App. Div. 3d Dept. 2006))
200
A state court recognized a claim for this based on negligent placement of a special education student.
What is educational malpractice (B.M. v. State of Montana, 649 P.2d 425 (Mont. 1982))
200
The government's freedom from being sued for money damages without its consent.
What is sovereign immunity
300
The degree of care a teacher of ordinary prudence would have used under like circumstances
What is reasonable care
300
This term can be applied when a student's own negligence contributes to his/her injury
What is contributory negligence (Miles v Sch. Dist. No. 138 of Cheyenne County, 281 N.W.2d 396 (Neb. 1979))
300
The purpose of this award is to compensate injured persons for their actual losses, including their medical expenses, lost salary, and other provable coast incurred as a result of the defendant's negligence.
What is compensatory damages
300
This term is used when employees are hired who are unfit and who put others at unreasonable risk of harm.
What is negligent in hiring
400
A chemistry teacher was found to have acted negligently in this case, when a student removed a stopper from a flask containing hydrogen gas and lighting a match which caused an explosion that injured another student.
What is Sheehan v. Conventry Bd. of Education (Sheehan v. Conventry Bd. of Education, 47 Conn. L. Rptr. 785 (2009))
400
In many states these laws bar recovery if the plaintiff's negligence is equal to or greater than that of the defendant.
What is comparative negligence (Prosser & Keeton on the Law of Torts 471, note 30 (West 1988): 57B AM. JUR.2d Negligence 1140 (1989): Penn Harris, supra, note 20.)
400
In Section 1983, federal law provides this party a reasonable attorney's fee to cover part of the cost.
What is prevailing party (42 U.S.C & 1988 (West 1994))
500
The teacher was not found liable when the court found the teacher exercised the appropriate degree of care by teaching the rules of wrestling in this case.
What is Toller v Plainfiled School District No. 202 (Toller v. Plainfield Sch. Dist. No. 202, 582 N.W.2d 237 (III. App. 1991)
500
Symbolic award where the plaintiff has been wronged but has not been able to show actual damages.
What is nominal damages.
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