Liability

Damages

100

Yes. The student must also be able to prove the teacher had a duty to be careful to not injure the student, the teacher failed to use due care and the teachers carelessness caused the injury.

May a teacher be held liable for damages to an injured student if the student can prove they sustained provable damages?

200

Yes. Cases are rare. In Louisiana a PE teacher was found liable for the students emotional injuries after he pretended to hang the students friends. (Spears v. Jefferson Parish School Board 1994) The school district was required to pay the parents over $115,000 in damages to cover the costs of psychotherapy for mental anguish suffered by the student.

If a student has mental anguish and suffering resulting from school can the schools be held liable?

300

No. Compensatory damages. This is to compensate the injured person for their losses.

Is punitive damage the most common type of damage awarded?

400

Yes. These damages are awarded where defendants have shown malice, fraud or reckless disregard for an injured persons safety.

Is the purpose of Punitive damages to punish the defendant for their wrongful actions and deter similar actions in the future?

Negligence

100

Yes. An eight grade student received and injury to her eye during recess when the teacher left for a period of time. (Sheehan v. St. Peters Catholic School 1971) The judge said, "It is the duty of the school to use ordinary care and to protect its students from injury resulting from the conduct of other students under circumstances that could have been foreseen and prevented."

If a teacher fails to show reasonable care to protect a student from injury is the teacher showing negligence?

200

No. In very few states. Under common law contributory negligence, a plaintiff cannot recover damages if the plaintiffs own negligence in any way caused the injury. A high school senior was injured when when fell from a device he rigged so he could fly in a Peter Pan performance. (Penn Harris Madison School Corp v.Howard 2007) The school district could not have prevented the accident. It was the student fault to use ordinary care.

If a students own negligence contributed to the injury would they consider the student guilty of contributory negligence?

Immunity

100

Yes. Many states have passed laws providing complete immunity to teachers acting within the scopes of their authority. In 2009 Indiana passed a law that protects teachers from lawsuits about classroom discipline.

Do some states offer teachers and administrators some level of immunity?

200

Yes. In Tennessee the school was protected from liability when a principal left a door unlocked and an intruder entered and assaulted a teacher. (Doe v. Board of Education of Memphis 1990)

Is it true that one reason negligence lawsuits by teachers are rare is because they may be barred by governmental immunity?

Section 1983

100

Yes. If the teachers act in a way to "shock the conscience" in their treatment of students. (DeShaney v. Winnegao County Dept of Social Services 1989)

Can teachers be help liable under Section 1983 for abuse of students by teachers or other students?

200

Yes. The ninth circuit held that a school principal could be liable for violating a high school student's right to bodily integrity when he slapped and grabbed his neck. (P.B. v Koch 1996) The court stated, " no reasonable principal could think it constitutional in intentionally punch, slap, grab, and slam students into lockers."

Do students have the right to be protected free from violation of bodily integrity by school employees?

Intent

100

Yes. In Maryland two high school counselors where liable for not trying to prevent a student suicide. She was in a suicide pact and had told friends who told the counselors. When questioned she denied the information. (Eisel v. Board of Education of Montgomery County 1991) Nothing more was done. The court agreed there is a duty to prevent adolescents suicide by reasonable means, contacting the parents.

If a teacher fails to contact parents after a student notifies them about a harmful behavior that is followed through the concept of duty of care applies?

200

Yes. It has been described as a defense against liability in activities such as competitive sports. In New York a student teacher was injured while playing donkey basketball. The court ruled she could not recover damages because she knew the risk she was taking.

Does the assumption of risk hold true to the theory that people who know the danger involved in an activity and do it anyway?

300

No. All teachers, administrators and counselors are required to report known or suspected cases. Those who fail to do so are subject to penalties.

Are teachers acting in good faith when failing to report child abuse?