Friday, January 27, 2012

Schools and Negligence


Negligence is careless or reckless behavior that causes injury to another person. It is by far the most common tort in education. School districts and individual educators can be found negligent for injuries to students, employees, or visitors to the school if they had a duty to live up to a standard of care recognized in law, they failed to live up to the duty, another person was injured as a result of their failure, and the extent and value of the injury can be measured.
Teachers have a general duty to behave in all situations as would a reasonable and prudent teacher with similar training and physical capacity. The exact level of supervision and care that is required in any particular situation depends on the circumstances, but the school is not expected to guarantee that accidents will never occur.
School districts may also be held liable for injuries caused by hazards on their property. These cases generally turn on the adequacy of the design of buildings and equipment, maintenance, and whether conditions adhere to local building codes. In most states, liability is greater with regard to invitees to the school as opposed to trespassers; however, the school is still likely to be held liable if a child trespasser is injured by an encounter with an attractive nuisance like an unattended accessible swimming pool.

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