Why Do Teachers Determine Liability?
What is the legal issue in this situation?
It is stated that every teacher has a responsibility to ensure to the fullest extent possible, that the school building and grounds are safe for students to utilize (Essex, 2012). Even though the teachers were outside with the students, their attention was not fully present. They can be liable for a breach of duty," based on the nature of the activity for which the educator is held responsible. Different activities require different levels of supervision" (Essex, 2012, p. 171).
What factors will determine liability?
The factors that will determine if the teachers are liable is if the incident was unforeseen and if the teacher was supervising the students as required during recess. Teachers are required to use a standard of care, but if they act improperly or failed to act appropriately in this situation they can be held liable. It is stated that "when an unavoidable injury occurs, there is generally no liability" (Essex, 2012, p. 158). But this situation can be considered an unintentional tort, "a simple negligence that does not show proof of intent or willfulness" (Essex, 2012, p. 159). …show more content…
Why or why not?
All three teachers can be held liable because even if the student is in another teacher's class every teacher on the playground is responsible for every student outside. "School personnel have a legal duty to instruct, supervise, and provide a safe environment for students" (Essex, 2012, p. 185). They can be held liable because the playground can be considered an attractive nuisance, " a dangerous instrument or condition that has a special attraction to a less mature child who does not appreciate the potential danger and who could be harmed" (Essex, 2012, p. 161).
How do you think the court would rule in this case? Give a rationale for your
It is stated that every teacher has a responsibility to ensure to the fullest extent possible, that the school building and grounds are safe for students to utilize (Essex, 2012). Even though the teachers were outside with the students, their attention was not fully present. They can be liable for a breach of duty," based on the nature of the activity for which the educator is held responsible. Different activities require different levels of supervision" (Essex, 2012, p. 171).
What factors will determine liability?
The factors that will determine if the teachers are liable is if the incident was unforeseen and if the teacher was supervising the students as required during recess. Teachers are required to use a standard of care, but if they act improperly or failed to act appropriately in this situation they can be held liable. It is stated that "when an unavoidable injury occurs, there is generally no liability" (Essex, 2012, p. 158). But this situation can be considered an unintentional tort, "a simple negligence that does not show proof of intent or willfulness" (Essex, 2012, p. 159). …show more content…
Why or why not?
All three teachers can be held liable because even if the student is in another teacher's class every teacher on the playground is responsible for every student outside. "School personnel have a legal duty to instruct, supervise, and provide a safe environment for students" (Essex, 2012, p. 185). They can be held liable because the playground can be considered an attractive nuisance, " a dangerous instrument or condition that has a special attraction to a less mature child who does not appreciate the potential danger and who could be harmed" (Essex, 2012, p. 161).
How do you think the court would rule in this case? Give a rationale for your