Running Head: LEARNING TASK 1-STUDENT DRIVERS

LEARNING TASK 1: Student Drivers

Jill Brandt

Siara Fieldstone

Kristin Maukonen

Karishma Samra

Samantha Sirianni
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Introduction

For the purpose of this case, we find five parties negligent for Prim Irwin’s injuries.

Under the contributory negligence act, we find Amanda Ballard, Prim Irwin, Lindsay Waterman

and the Principal of Trudeau High School negligent in upholding the Duty of Care and Standard

of Care for the victim. While we believe all parties are negligent; under “144.1(1) Trustees,

employees of a board and school council members are not liable for any loss or damage caused

by anything said or done or omitted to be done in good faith in the performance or intended

performance of their functions, duties or powers under this Act or any other enactment”

(Donlevy, 2018). Therefore, the school board is vicariously liable because the teacher and

principal cannot personally be held liable in this case. Therefore, Amanda Ballard, Prim Irwin,

and the School Board are jointly and severally liable to the person (Prim Irwin) suffering.

Driver (Amanda Ballard)

Duty of Care

Since Ballard took on the responsibility as the driver and registered owner of the vehicle, she has

taken on the duty of care for Irwin. She was expected to drive in an “appropriate and safe

manner” while in this role as driver. Waterman was given assurances that Ballard’s car was

registered and under Ballard’s care (Student Drivers, n.d.).

Standard of Care

Ballard failed to meet the standard of care as an Alberta driver because she was charged with

dangerous driving. A reasonable and prudent parent would not let their child sit in a seat that had

a broken seat belt. Ballard should not have allowed Irwin to sit in the seat.

Reasonable Foreseeability
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Ballard, as a licensed driver and registered owner of the vehicle, should have been aware that

there was a foreseeable risk in passing a stationary truck on the highway. Additionally, there is

foreseeable risk associated with driving a vehicle with a passenger who is not wearing and/or

using a broken seat belt. However, it should be noted that a minor cannot foresee an accident.

Causation

But for the action of passing a stationary truck on the highway and swerving back into the

original lane, thus causing the vehicle to roll over, the accident would not have occurred.

Damage

Damages caused by Ballard resulted in pecuniary damages to Irwin, which are made up of loss

of income, loss of opportunity and medical expenses. There are also non-pecuniary damages to

Irwin which include pain and suffering, costs of assisted living, future loss of income.

Defense

Voluntary assumption of risk: as a driver, there is always an associated risk attributed to driving

and you are taking on that responsibility every time you get in a car.

Passenger (Prim Irwin)

Duty of Care

Irwin had a duty of care to herself to wear a seatbelt while in a vehicle. While Irwin stated that

she wore the seatbelt at the time of the incident, Ballard and an accident reconstruction expert

report that the seat belt was not worn (Student Drivers, n.d.). Looking at the balance of

probabilities, it is more likely than not that Irwin was not wearing a seatbelt at the time of the

accident. It is also stated by Ballard that Irwin had a history of occasionally not wearing her seat

belt and that Ballard would remind Irwin to put the seatbelt on (Student Drivers, n.d.).

Standard of Care
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In this circumstance, a reasonable and prudent person would have either found a different seat

with a functional seat belt or have not gotten in the car. Irwin failed to recognize the need to wear

a seatbelt.

Reasonable Foreseeability

It is reasonably foreseeable that injuries can occur from not wearing a functional seat belt when

in a moving vehicle. However, it should be noted that a minor cannot foresee an accident.

Causation

But for Irwin not using a functional seat belt she would likely not have been ejected from the

vehicle.

Damage

Damages experienced by Irwin involve pecuniary damages, which are made up of loss of

income, loss of opportunity and medical expenses. There are also non-pecuniary damages to

Irwin which include pain and suffering, costs of assisted living, future loss of income. Irwin's

parents are entitled to Quantum Meruit for assistive living costs for Irwin and time required to

take care of Irwin.

Defense

Partial defense (contributory negligence) because Irwin contributed to her own injury by not

wearing a safe, functioning seat belt, therefore, she is partially responsible for her own injury.

Teacher (Lindsay Waterman)

Duty of Care

Waterman is in a position of trust and authority as Ballard’s teacher. It was Waterman’s

responsibility to ensure that the off-site location was within town-limits as is permitted within the

Trudeau High School Directive #1.

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Standard of Care

A reasonable and prudent parent (in-loco parentis) would make sure that only licensed drivers

were transporting other students and that the vehicles used for transportation were safe. While

Waterman did ensure drivers were licensed, a reasonable and prudent parent would have checked

to ensure the vehicles were safe. If the passenger seat belt was found to not be functional, a

reasonable and prudent parent would have ensured Irwin sat in a different seat or Waterman

should have provided alternative transportation if another seat was not available (Student

Drivers, n.d.).

Reasonable Foreseeability

While Waterman was not aware that the off-site location was outside of town limits it is

reasonably foreseeable that driving at higher speeds on highways could result in a higher

likelihood of an accident. It is also reasonably foreseeable that injury could result from student

drivers driving in a vehicle without a properly functioning seat belt (Student Drivers, n.d.).

Causation

But for Waterman failing to confirm that the offsite location was outside of town limits (Student

Drivers, n.d.) and still allowing students to drive to and from the location, the accident would not

have occurred. But for Waterman failing to ensure that all vehicles used by student drivers were

safe, Irwin would not have been in a seat without a functioning seat belt which resulted in injury.

Damage

Waterman’s failure to verify the location’s distance from the town and whether the seat belts

were in working condition resulted in pecuniary damages for Irwin, which are made up of loss of

income, loss of opportunity and medical expenses. There are also non-pecuniary damages to

Irwin which include pain and suffering, costs of assisted living, future loss of income.

Defense
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Voluntary assumption of risk as the teacher is responsible for planning the activity and ensuring

that the field trip destination is within city limits as per the school’s transportation guidelines for

students driving policy (Student Drivers, n.d.).

Trudeau High School

Duty of Care

The school has a duty of care to follow and uphold the school board's policies and procedures.

Ensuring that the teachers within the high school are upholding these policies and that all

students within the “school operated by the board [are] provided with a safe and caring

environment that fosters and maintains a respectful and responsible behaviours” (Student

Drivers, n.d.). The school board should have verified that the off-site location was within town

limits as is permitted by the Trudeau High School Directive #1 (Student Drivers, n.d.).

Standard of Care

A reasonable and prudent parent would ensure that the school board is enforcing board policies

within the school and is aware of what is happening both on and off school property (Student

Drivers, n.d.).

Reasonable Foreseeability

It is reasonably foreseeable that an off-site activity involving highway travel could result in

injury due to driving at higher speeds.

Causation

But for the principal’s failure to uphold Section 54 (1) of the Education Act of Alberta and

Section 45 (8) of the School Act of Alberta (Student Drivers, n.d.), the out of town field trip

would not have occurred, which resulted in injury. As per the schools policy regarding

transportation, “No secondary school student, irrespective of age may drive a private vehicle
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transporting other students to school sponsored activities during school hours or as school

representative except to use local facilities within the town or village boundaries for activities,

which are an integral part of instruction” (Student Drivers, n.d., p.1), which the principal should

have checked to ensure the destination was in limits so that the students could drive together.

The principal however did not check and the destination ended up being outside of limits,

breaking school policy.

Damage

The principal’s failure to uphold the board’s policies resulted in pecuniary damages for Irwin,

which are made up of loss of income, loss of opportunity and medical expenses. There are also

non-pecuniary damages to Irwin which include pain and suffering, costs of assisted living, future

loss of income.

Defense

Voluntary assumption of risk as the Principal is responsible for ensuring that the planning

completed by the teacher includes an appropriate activity and ensuring that the field trip

destination is within city limits as per the school’s transportation guidelines for students driving

policy (Student Drivers, n.d.). The principal also failed to uphold Section 54 (1) of the Education

Act of Alberta and Section 45 (8) of the School Act of Alberta (Student Drivers, n.d.).

Conclusion

In conclusion, five parties were negligent towards the injuries of Prim Irwin. Ballard is negligent

as she was the driver and did not advise Irwin of the broken seat belt nor did she advise her to sit

in another seat. Irwin is negligent because she made the choice to sit in the seat with the broken

seat belt even though she was privy to a conversation regarding this. Additionally, Irwin did not

wear a seat belt when the vehicle was in motion. The principal and the teacher were negligent as
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they did not verify the location of the golf course to ensure it was within the town limits as is

required by the transportation guidelines for students driving policy. However, in terms of who is

liable to Prim Irwin’s injuries, we find three parties jointly and severally liable. Amanda Ballard,

Prim Irwin and the school board are the three liable parties in this case.

References
Donlevy, J. K. (2018, September 27). EDUC 525 ethics and the law [PowerPoint Slides].

Retrieved from University of Calgary D2L site:

https://d2l.ucalgary.ca/d2l/le/content/234353/viewContent/3170217/View

Student Drivers. (n.d.). Retrieved from

https://d2l.ucalgary.ca/d2l/le/content/234353/viewContent/3149149/View
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We find these individuals not negligent: (does not need to be included in assignment)

Ballards Parents

Duty of Care

As a parent, they have a duty of care to ensure that Ballard is operating a vehicle that is safe for

both her and her passengers.

Standard of Care

A reasonable and prudent parent would ensure that the seat belt was fixed in a timely manner and

would not have allowed Ballard to have anyone in the passenger seat until the seat belt was fixed

(Student Drivers, n.d., p.2).

Reasonable Foreseeability

It is reasonably foreseeable that operating a vehicle with a broken passenger seat belt could result

in injuries to a passenger in such a seat.

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Causation

But for the parents delay in intervention and failure to repair the seat belt injuries to Irwin could

have been prevented during the accident.

Damage

Ballard’s parents failure to repair the vehicle in a timely manner resulted in pecuniary damages

for Irwin, which are made up of loss of income, loss of opportunity and medical expenses. There

are also non-pecuniary damages to Irwin which include pain and suffering, costs of assisted

living, future loss of income. Parents signed off that teachers would not be liable for any injuries

sustained by students during off-site activities.

Defense

Voluntary assumption of risk as the parents failed to ensure Ballard’s car was safe and

functioning properly before the field trip. The parent's were negligent in ensuring the repairs of

the seat belt were completed in a timely manner.