Unit III: Liability and Safety

1. Unit III: Liability and Safety • Guest Presenter: Dr. Bill Camp

2. Dealing with Teacher-Specific School Law and Teacher Liability • Unit III: Lesson 1 • Things you need to know but may have been afraid to ask…

3. Performance Objective • On a unit examination, demonstrate an understanding of teacher liability aspects of school law of particular concern to career and technical educators, with 70% accuracy.

4. Enabling Objectives • Discuss liability. • Explain tort law. • Explain intentional interference. • Explain the elements of negligence. • Explain defenses for negligence. • Interpret sample Virginia tort cases.

5. Why is This Important? • Liability is a constant worry for all teachers. • Particularly for Career and Technical Education teachers. • Lawsuits in education are more common than ever. • Like the lottery, odds are low but risks are huge.

6. Background • Fundamental functions of primitive society was: • Preserve peace • Protect one individual’s safety from threat or injury by another • Protect one individual’s property from threat by another.

7. Background • Fundamental functions of modern society: • Ensure peace • Protect safety • Protect property • Protect reputation • Provide education • Protect freedom

8. Liability • Modern law provides certain rights to each individual. • “If by speech, act, or other conduct, a person fails to respect these rights, thereby damaging another, a tort has been committed, and the offending party may be held liable.” • Liability is one person’s responsibility to compensate another for injury or loss resulting from or associated with actions or inactions resulting in a tort.

9. Tort • French: “torquere,” meaning twisted, or wrong. • Any of a wide range of civil wrongs, independent of contract, for which courts will assess monetary damages to an injured party.

10. Commission of a Tort • Each person is responsible for his or her actions or inactions, as they affect others • A tort (a civil wrong) may result from: • Action (commission) • Physical • Speech • Other conduct • Inaction (omission)

11. A Tort is NOT: • A criminal act, although a criminal act • May produce injury, • May lead to findings of liability, and • May result in monetary redress, but • Criminal justice is a separate process • A breech of contract. A contract is an explicit agreement and failure to meet contractual agreements is a separate process.

12. Normal Responsibility • Under British Common Law, the individual may not cause harm to another. (Harmful action prohibited) • No general requirement exists to prevent harm. No “Good Samaritan” requirement. (Helpful action not normally required)

13. Special Responsibility • Special relationships may exist between parties • Parent/Guardian • Occupation • Authority • Special relationships to create a requirement to prevent harm • Employer • Service provider • Physician • Police • Teacher

14. In Loco Parentis • Through society, parents entrust teachers with their children. • During school functions, teacher stands “In the place of the parent.” • Teacher has special authority. • Make and enforce exceptional rules, as a parent would. • Teacher has special responsibilities • Prevent harm, as a parent would.

15. Types of Torts • Intentional Interference • Strict Liability • Negligence

16. Intentional Interference • Voluntary and intentional action • Invades the interests of another • In schools, intentional interference might stem from: • Assault • Battery • False imprisonment

17. Assault • Attempt to harm • Appearance of attempt to harm • Reasonable fear that harm is imminent • Display of force • Threat to harm • No physical contact

18. Battery • Physical contact occurs • Assault may or may not precede battery • Intentional contact • Intention to cause harm • Use of force

19. Teachers and Assault & Battery • Reasonable punishment acceptable (Including corporal) • Doctrine of “in loco parentis” gives great latitude. • Physical contact must not cause long-term injury • Threat must not produce reasonable fear for safety • Malice/harm must not be intended • Permanent injury must not result • Never lose control, composure

20. False Imprisonment • Illegally interfering with individual’s freedom: • Movement • Speech • Religion • School detention sounds like violation • Doctrine of “in loco parentis” provides authority to place reasonable restrictions on freedom of student • Reasonable detention is not a violation of this right

21. Strict Liability • Hazard is present, such as: • Field trip • Laboratory • School event • Direct cause of injury cannot be determined • Negligence was not to blame • Somebody must pay • Proximate entity best able to pay may be held liable • Sometimes called “deep pocket” liability • Very rare in education

22. Negligence • The real problem in Career and Technical Education • Unexpected and unintended (Not Intentional Interference) • Fault can be placed (Strict Liability does not apply) • Accident can be traced to someone’s error

23. Factors in Negligence • Standard of Conduct • Probability of injury balanced against expected benefit • Perceived benefits of activity mediated by prudent care • Prudent actions taken by responsible parties to prevent injury • Two Levels of Standards: • The Reasonable Person • The Reasonably Prudent Teacher

24. The Reasonable Person • Hypothetical person • Community norm • Person of average prudence • Assuming the defendant as the basis: • Physical attributes: size, strength, sight, heading, intelligence • Special preparation • Normal level of attention and perception

25. Reasonably Prudent Teacher • Special preparation • Licensed • Educated • Experienced • Special Position • Authority • “in loco parentis” • Special responsibility • Look for hazards • More careful in planning

26. Elements of Negligence • Duty • Standard of Care • Proximate or Legal Cause • Injury or Actual Loss

27. Duty • Reasonable conduct to avoid causing injury to others through apparent risks • Responsibility to protect others exists when it is reasonable to foresee hazard • Duty increases as hazard increases • Duty increases as level of responsibility increases • Teacher in a hazardous setting has high level of duty

28. Standard of Care • Every person is expected to exercise reasonable care • As risk increases, standard of care increases • As responsibility increases, standard of care increases • Teacher in hazardous setting must exercise high standard of care • Standard: Reasonable Prudent Teacher not Reasonable Person

29. Proximate or Legal Cause • Connection between action or omission and the injury • Duty to protect is present • Reasonable person would foresee risk • Reasonably Prudent Teacher would act to prevent accident • The negligence must actually lead to the accident

30. Injury or Actual Loss • Injury or loss occurred • Negligence was the proximate or legal cause • Multiple parties may share liability for damages

31. Defenses for Negligence • Defendant may contend either: • Not negligent • Intervening event • Most common defenses: • Contributory Negligence • Comparative Negligence • Assumption of Risk • Immunity • Other defenses: • Act of God • Last Clear Chance

32. Contributory Negligence • Fault or breach of duty on part of injured party • Student was negligent • Student intentionally caused the injury • Conduct was not what a “reasonable person” of plaintiff’s age, education, size, etc. would have done

33. Contributory Negligence • Standard of Care lower for student • Younger • Less experienced • Not specially trained • Not in position of responsibility • Courts have required that the child commit a “gross disregard of safety in the face of known, perceived, and understood dangers” for contributory negligence to apply.

34. Contributory Negligence • Proximate cause of injury was student’s action • Defendant not at fault • Absolves defendant completely • Plaintiff recovers nothing

35. Comparative Negligence • Contributory negligence partial but not total • Plaintiff shares PART of the blame with defendant • Plaintiff recovers prorated share of damages

36. Assumption of Risk • Plaintiff recognizes hazard and accepts responsibility • Athletes generally assume risks of playing • Spectators generally assume risks at events • Effectiveness limited outside sports and special events

37. Immunity • National, state, and local governments immune from liability • School district may be immune from liability • Individuals are not covered by this immunity • It will do you no good as a teacher or school administrator

38. Act of God • No person can be held liable for an “Act of God” • Injury caused by storm, flood, tornado, lightning bolt • Reasonable care must have been taken • Move activity indoors when a storm is coming • Cancel school when roads are too icy

39. Last Clear Chance • Student: • Could see imminent danger • Could see how to avoid injury • Was physically capable of escaping harm • Had time to avoid harm • Failed to prevent own injury • May be considered as a form of Contributory Negligence or may be used to avoid liability altogether.

40. Review

41. Definitions • Liability is: • Individual’s responsibility to compensate another person for injury or loss resulting from or associated with actions or inactions resulting in a tort. • Tort is: • A civil wrong, other than breach of contract, for which courts will assess monetary damages to an injured party. • Not a criminal act

42. Responsibility • Actions that produce harm are prohibited • Normally no “Good Samaritan” requirement • Special relationships mean special responsibilities: • Parent/Guardian • Service Provider • Police • Firefighter • Employer • Teacher

43. In Loco-Parentis • Latin for “In the place of the parent” • Teacher is accorded in loco parentis authority for minor students. • Teacher accepts in loco parentis responsibilities for minor students

44. Types of Tort • Intentional Interference • Assault • Battery • False Imprisonment • Strict Liability • Negligence

45. Negligence • Unexpected • Unintentional • Foreseeable • Preventable • Cause can be traced • Proximate cause • Duty to prevent • Fails “Standard of Conduct” • Actual loss of injury

46. Standard of Care • Reasonable Person • Reasonably Prudent Teacher

47. Defenses for Negligence Charge • Contributory Negligence • Comparative Negligence • Assumption of Risk • Immunity

48. Bottom Line • This lesson may sound theoretical • BUT • Understanding teacher liability is critical.