Court Cases
In this case a school was found liable when a 6 year old student slid down the tether ball poll and was injured, because a screw was protruding out of the poll about 1.5 inches. The school was found liable because of Reasonable Care.
What is Gibbons v. Orleans Parish Sch. Board?
The school was liable because they did not consider and act upon the danger of the screw.
Reference: (Gibbons v. Orleans Parish Sch. Board (1980))
This is when the court rules that the event was the cause of the injury.
What is proximate cause?
Responsible by law and or contract.
What is Liable?
The winner in a law suit.
What is the prevailing party?
In this case 2 Arkansas students were unlawfully suspended without due process. The courts determined that the school was liable and unlawful because they violated Section 1983.
What is Wood v. Strickland?
Section 1983 is when the school or administration is held liable for violating an individuals constitutional rights.
Reference: (Wood v. Strickland (1975))
The concept of Duty of Care was applied in a Maryland case to hold two high school counselors liable for failing to attempt to prevent a students suicide.
What is Eisel v. Bd. of Education of Montgomery County?
The counselors had a Duty of Care to report the high school students consideration to commit suicide.
Reference: (Eisel v. Bd. of Education of Montgomery County (1991))
This is a common law theory which says that since the state and it's agencies are sovereign, they cannot be sued without their consent and should not be held liable for the negligence of their employees.
What is Governmental immunity?
The purpose of this award is to settle up with an injured persons for their actual losses, including their medical expenses, lost salary, and other provable costs incurred as a result of the defendant's negligence.
What is compensatory damages?
This is awarded where defendants have shown malice, fraud, or reckless disregard for an injured person's safety or constitutional rights.
What are punitive damages?
In a Louisiana Case involving a 9 year old girl who broke her leg jumping off a merry-go-round. the court compared the negligence of the student with that of the school board, which is called Comparative Negligence.
What is Rollins v. Concordia Parish Sch. Bd.?
The student was at the same fault as the school for neglect of an injury occurring on the merry-go-round.
Reference: (Rollins v. Concordia Parish Sch. Bd (1985))
A court case filed in California states, that a high school graduate that could only read at a 5th grade level sued the school for Educational Malpractice. Saying the school did not give him go enough instruction in basic skills. This did not hold up in court.
What is Peter W. v San Francisco Unified Sch. Dist.?
Educational Malpractice is negligent teaching that injures a student intellectually.
Reference: (Peter W. v San Francisco Unified Sch. Dist. (1976))
This is a physiological issue that could occur from experiencing an injury or just from stress, anxiety, or fear.
What is mental anguish and suffering?
Appropriate behavior or dealing with a situation in an acceptable manner.
What is willful conduct?
An agreement between both parties to deal with each other honestly and fairly.
What is good faith standard?
In a Florida Court a school district was found liable when a high school student was attacked and beaten by other students on school premises.
The court found that the school was negligent in not providing any supervision of the area and that student misbehavior was foreseeable because of the lack of supervision.
What is Broward County Sch. Bd. v. Ruiz?
Reference: (Broward County Sch. Bd. v. Ruiz (1986))
In this case a 17 year old high school student severed 2 fingers while operating a wood shop machine. the student tried to sue the instructor. It did not hold up in court due to Contributory Negligence.
What is Miles v. Sch. Dist. No. 138 of Cheyenne County?
The instructor was not liable for neglect because the student was negligent of her prior instruction.
Reference: (Miles v. Sch. Dist. No. 138 of Cheyenne County. (1979))
A small symbolic award, where the plaintiff has been wronged but has not been able to show actual damages.
What are nominal damages?
Doing something that will put shame on your name.
What is impairment of reputation?
Negligent teaching that injures a student intellectually or psychologically.
What is educational malpractice?
In this court case a cheerleader sustained an injury when taking a bad fall during practice. The school was not found guilty of neglect because the student and the parents signed a notice of the risk of injury.
What is Sharon v. City of Newton?
Reference: (Sharon v. City of Newton (2002))
While some courts have found that school districts are immune from Negligent Hiring liability based on the notion that hiring teachers is an immune so-called "discretionary act".
What is Kimpton v. School Dist. of New Lisbon?
The school was not liable because the teacher showed no prior reasons to not be hired.
Reference: (Kimpton v. School Dist. of New Lisbon (1987))
This prohibits individuals from suing states under the Age Discrimination in Employment Act or ADEA.
What is Sovereign immunity?
Doing something that embarrasses yourself.
What is personal humiliation?
The degree of care a teacher of ordinary prudence would have used under like circumstances.
What is reasonable care?
In this case a teacher took 15 students on a field trip to a museum. during the field trip when the students were free to explore the museum a student was attacked and beaten by non students. The court ruled that the teacher did not have a duty to anticipate an assault or directly supervise the entire museum trip. therefore the teacher was not negligent.
What is Mancha v. Field Museum of Natural History?
Reference: (Mancha v. Field Museum of Natural History (1972))