Educators and Liability

Educators have 3 legal duties: to

instruct, supervise, and provide for the
safety of students.
-Tort law allows injured parties to bring liability charges and seek damages when
they have been physically injured or received injury to their reputation.

-The suit may be against a single teacher or administrator or a class action suit
may be brought against a number of school employees and officials.

Essex, N.L. (2016). School law and the public schools. Boston: Pearson.

A Torte is an actionable or civil wrong

committed against one person by another
Intentional:

assault, battery, libel, slander,

defamation. This requires proof of intent.

Unintentional:

caused by negligence

Essex, N.L. (2016). School law and the public schools. Boston: Pearson.

Intentional Torts
-Assault: threat to inflict harm
-Battery: physical contact takes place
Charges can be brought against school personnel if they fail to prevent these actions
when it is forseeable.
-Defamation: when false statements are made about another person with malice or
intent to harm.
Truth is only a defense when there is absence of malice. Educators may not publicize
information about students with intent to injure even if the information is true.
Confidential information should only be shared with those in need of access for the
students education.
School personnel should be very careful not to discuss sensitive matters involving
students in common areas such as the lounge, hallway, or copy room.
-Mental Distress: conduct that causes serious emotional distress. Using unreasonable
methods of discipline to embarrass, ridicule, or humiliate students.
Essex, N.L. (2016). School law and the public schools. Boston: Pearson.

Unintentional Torts

Negligence - failure to provide a reasonable standard of care that results

in harm or injury.
Example:
The teacher steps out of the classroom for 2 minutes to pick up a copy
from the printer in the room next door. During this time a student who
has a history of lashing out at other students pokes another student in
the eye with a pencil.

Would the accident have happened if the teacher was on

duty in her room?
Should she have been able to predict that this might possibly
happen?
Standard of Care: Teachers who work with younger children or dangerous
situations such as science labs are held to a higher standard of care.
Essex, N.L. (2016). School law and the public schools. Boston: Pearson.

Threats:
When school officials are made
aware of a threat to a student it is
their duty to investigate the
threat fully.

Technology by Students:
It is the duty of educators to
maintain a safe learning
environment. If they become
aware of students being harmed
by cyberbullying or sexting it is
the duty of school personnel to
take action.

Questions that might be brought up in court:

-Were school personnel aware of the situation?
-Should they have been aware?
-What action did they take?
Essex, N.L. (2016). School law and the public schools. Boston: Pearson.

Elements That May Be Considered In a Case

Foreseeability: Could the teacher have predicted that the incident

might happen? Did they take steps to make sure the students were
safe?

Nuisance: If a dangerous condition existed did the school and

personnel take steps to protect the students?

Because of their duty, teachers are held to a higher standard of care

than the average citizen. They be more skilled at identifying potentially
dangerous situations for students
Important in a liability case: Would the injury have been avoided if the
school personnel acted? Should they have been aware of the danger?
Were they doing their duty?
Essex, N.L. (2016). School law and the public schools. Boston: Pearson.

General Guidelines for Educators

Be diligent at all times when supervising students.

Be responsible to maintain safety for all students in your area even if they are
not directly under your supervision.

Keep in mind at all times possible dangerous situations.

Treat students with respect.

Notify administration of any threats to do harm.

Teach students safety rules and carefully instruct them on the use of
equipment such as a science lab.

Do not discuss confidential information about students unless it is in private

with another educator who an educational need to know.

Seek out a professional organization that provides liability insurance.