Are teachers required to supervise their students at all times?
Not always. A Minnesota court said that generally "no requirement of constant supervision of all the movements of the pupils at all times."
100
What is Contributory Negligence?
If a student's own negligence contributed to the injury, the law in a few states would consider the student guilty of contributory negligence
100
Are teachers liable if they fail to report child abuse?
Yes. Every state and U.S. territories require that teachers, administrators, and counselors report known or suspected cases of child abuse or neglect.
200
Can a teacher's duty of supervision extend beyond school hours?
Yes. They can be held liable if they assign or initiate dangerous activities.
200
Does a students negligence always prevent recovery?
No. The younger the student, the harder it is to prove contributory negligence.
200
In some cases yes. If the accident or injury could have been reasonably foreseen.
Can schools be held liable for failure to maintain a safe environment?
300
Can teachers be held liable if a classroom aide injures a student?
Not if the teacher exercises ordinary care in supervising the aide.
300
When does the student assume the risk of being injured?
The doctrine of assumption of risk has been recognized as a defense against liability in activities such as competitive sports.
300
Can schools be held liable for educational malpractice?
Probably not. Some students have sued schools for negligent teaching that injures them intellectually or psychologically, but they are rarely successful.
400
If teachers are careless, are the automatically liable for damages?
No, the student must prove that the teacher being careless was the cause of the injury.
400
Can teachers use governmental immunity as a defense against negligence
No. This is a common-law that is being abolished around the country. In states that do observe this, getting liability insurance eliminates it.
400
Can schools be held liable for emotional injuries suffered by students?
Yes. This is rare but there is precedence for it.
500
Are there special liability standards for substitute and student teachers?
No. Both are held to the same standards as a classroom teacher and would be held liable for foreseeable injuries caused by their negligent acts.
500
Does a "Waiver" or "Release" prevent an injured student from suing?
Generally not. It is worth just a little more than the paper that it is printed on.
500
Can schools be held liable for negligence when teachers are injured?
Yes, but it is rare. Generally workers compensation covers the benefits for teachers be injured while at school.