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When is a teacher Negligent ?
Defenses against Liability
Other Types of Liability
Liability Court Cases
Damages
100
If a teacher does not take the correct actions to protect his or her students as in the Sheehan Case at St. Peter's Catholic School. (Sheehan v. St. Peter's Catholic School, 188 N.W. 2d (Minn.1971) page 65)
What is reasonable care
100
Each parties sides are compared when determining negligence. We see this take place in a Louisiana case. A little girl broke her leg and the court used this to weigh both sides.
What is comparative negligence
100
A case in which a teacher was liable for emotional damages done to a kindergarten student. The student claimed emotional damages after his PE teacher pretended to hang two of his friends in class. The student claimed to have psychological problems after seeing the act of his two friends death.
What is Spears v. Jefferson Parish School Board. 646. So.2d 1104 (La. App. 5th Div 1994). pg. 78
100
The first case we learn about in this Chapter. Margaret a student at St. Peter's Catholic School was injured when her teachers took her and 19 other girls to a baseball field and left them with the boys unsupervised. The boys started throwing rocks at the girls and Margaret was injured by a rock that hit her eye. Margaret's parents sued the school on the teachers negligence to supervise the students properly.
What is Sheehan Case (Sheehan v. St. Peter's Catholic School, 188 N.W.2d 868 (Minn. 1971). pg. 65
100
The person injured is compensated for their loses.
What is compensatory damages
200
Parents in the Mancha Case in Chicago and in another California district moved to sue the school because they felt their children were not constantly supervised. What negligence action are they claiming?
What is duty of care
200
When the person injured is at fault for their own injury. Jodeen Miles working in her shop class where her own neglect was the cause of her injury.
What is contributory negligence
200
A wrong or damage done to another proven at trail can be represented as a ?
What is impairment of reputation
200
The winner in a court case is the?
What is the prevailing party.
200
This is awarded to punish the defendant.
What is punitive damages
300
The event or main reason that is related to the result of the injury?
What is proximate cause
300
The state cant commit a legal wrong and is excluded from a civil suit.
What is sovereign immunity
300
A common law theory that indicates a employer can be held accountable for hiring employees who are unfit or put others at risk?
What is Negligent Hiring
300
When a cheerleader was seriously injured by a bad fall the Massachusetts Supreme Court dismissed the request for negligence. The court ruled this on the fact that the parents and students signed a release form warning a bout the risk of injury.
What is Sharon v. City of Newton, 437 Mass. 99 769 N.E.2d 738 (2002). pg. 74
300
Issued by the courts when legal wrong has taken place.
What is nominal damages
400
A student was critically injured when playing basketball with other students. The father of the child sued the school noting that they were liable to offer correct supervision of the game. The court ruled that the school was not liable because lack of supervision was not the cause of the accident.
What is Kaufman v. City of New York (Kaufman v. City of New York, 214 N.Y.S.2d 767 (N.Y. Sup.Ct. 1961). pg. 69.
400
A common law theory that because states are sovereign they can not be held liable for their employees negligence.
What is Government Immunity
400
Schools best interests is to protect their students from harm. Schools can be held liable for harm done to students under this statute, if it is know that they are not being treated equally or all considerations are taken into thought. Such as the incident on the school bus when evidence showed indifference towards certain groups of studnets.
What is Section 1983
400
When a student was injured after schools hours playing a dangerous skateboard game at the school playground, her parents sued for negligent supervision and for not having the grounds off limits during non school hours. The court ruled that it is not the schools duty to provide supervision at all times. This case took place in California.
What is Bartel v. Palos Verdes Peninsula Sch. Dist., 147 Cal. Rptr. 898 (App. 1978). pg. 67
400
The court ordered two students should receive damages for being deprived of their constitutional rights not because evidence proved that they suffered any other damages because of their suspension from their school.
What is Carey v. Piphus case (Carey v. Piphus, U.S. (1978). pg. 97
500
Teachers can not be held liable for their aides actions if they offer proper supervision. In this case a aide severely beat a student in the bathroom. The court ruled that the teacher was not liable for the aides actions and that additional supervision would have prevented the aides actions.
What is Allen v. Crawford (Allen v. Crawford, 438 S.E. 2d 178 (GA. App. 1993). pg. 68
500
Do waivers and release forms prevent schools from being sued. In this case a student charged the school with neglect in proper teaching of how to land from parachuting after he broke his leg when landing, this happened in New York. The school used the release from as their back bone, the court still allowed the student to sue.
What is Gross v. Sweet (Gross v. Sweet, 400 N.E.2d 306 (N.Y. 1979) pg.73
500
In the Hunter v. Bd. of Educ. of Montgomery County the parents claimed this, declaring that their child's disability was inaccurately represented, that the school altered records and demeaned their child.
What is Educational Malpractice
500
The final case we talk about in this Chapter which protects schools from being constantly sued by employees and parents. They must obtain approval from the courts before filing any actions.
What is Malcom v. Board of Education of the Honeoye Falls-Lima Central School District, 737 F. Supp, 2d 117 (W.D.N.Y. 2010). pg.84
500
Two Puerto Rican students received nominal damages after the courts found no evidence of wrong doing or harm in their 12 day suspension period.
What is Perez v. Rodriguez Bou (Perez v. Rodriguez Bou. 575 F 2d 21 (1st Cir. 1978). Pg. 98