Eadm 15 310 072 Big Negli Mal

[object Object],Negligence and Educational Malpractice

The Exercise Of Responsibility: for Broken Bones and Broken Minds ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]

The Two Faces Of In Loco Parentis ,[object Object],[object Object],Authority The Kind, Firm and Judicious Parent Responsibility The Careful Parent

Injuries Suffered By Students, By Cause (%) ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]

Negligence ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],A person whose negligent conduct causes damage or injury to another person will be legally responsible for paying an award of damages to compensate that person for property damage and/or personal injuries. We're dealing with an OBJECTIVE standard of conduct (the behavior of a “reasonable woman / man”), therefore, an innocent intention on the part of the negligent person will not save him/her from liability.

The Legal Duty of Care Common Law - Bain v. Calgary Board (1993) ,[object Object],[object Object]

The Standard of Care Required of Teachers: The “Careful Parent” Test ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]

Myers et al v. Peel County Board et al (1981) ,[object Object]

The Standard of Care Required The “Competent Instructor” Test ,[object Object],[object Object],[object Object],[object Object]

Liability ,[object Object],[object Object]

Foreseeability/Prior Occurrences ,[object Object]

[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],Foreseeability

Foreseeability ,[object Object]

Significant Factors Considered In Determining Whether The Standard of Care Has Been Met ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]

Causal Proximity “ Well . . . The Parkers are dead. You had to encourage them to take thirds, didn’t you?”

Voluntary Assumption of Risk ,[object Object]

Students’ Responsibility For Their Own Safety [The “Not So Good” News] ,[object Object],[object Object],[object Object]

Permission Forms/Waivers Worth the paper they’re printed on! ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]

Contributory Negligence ,[object Object]

Students’ Responsibility For Their Own Safety [The “Not So Bad” News: Part 1] ,[object Object],[object Object],[object Object]

If Negligence Is Proven, Who Pays? ,[object Object],[object Object],A CRUCIAL POINT - To be safe, ensure the activity you are planning has board approval, according to established procedures, or the board's insurer might deny liability and you're left on your own (Beauparlant case).

A Simplified Risk Management Model Academic Value of the Activity The Magnitude of the Risk Practicability of Precautions

Education Act, §232(1) ,[object Object],[object Object]

Manville v. Ottawa Board (1990) ,[object Object],[object Object],[object Object]

Dunbar v. School District 1971, [1987] ,[object Object],[object Object],An 18 year-old student severely injured his right hand while using a table-saw during a woodworking class. He stated that, at the time of the accident, he was following the instructions given to him by his teacher; however, he could not recall precisely how the accident had occurred. The teacher had modified the table-saw by removing the blade guard provided by the manufacturer and replacing it with a Plexiglas blade guard which permitted the user to see the position of the blade when the guard was engaged during cutting. Was the teacher found to be negligent?

James v. River East, [1975] ,[object Object],[object Object],An 18 year-old, above average grade twelve student was seriously injured when an explosion occurred during a chemistry experiment. At the time of the accident, she was conducting the experiment in accordance with the verbal and written instructions provided by her teacher. Evidence at trial indicated that that experiment in question had been conducted for a number of years without incident and that the instructions given in this case were the same as those given in previous years. Goggles were available but were not used by any of the students in the class. Was the teacher negligent?

EATON v. LASUTA et al. (1977) ,[object Object],[object Object],A 12 year-old, unco-ordinated and not athletically inclined female student fell and broke her leg while acting as the “horse” in “piggy-back” race at school. Her counsel claimed that the activity was inherently dangerous and unsuited to her physical makeup and that the teacher was negligent in allowing her to participate in the race. Was the teacher negligent?

Absolute Liability? No, Accidents do happen. ,[object Object]

[object Object],[object Object],[object Object],“ Rubber Room” Syndrome

Responsibility for Broken Minds: Educational Malpractice ,[object Object],[object Object],[object Object]

Why Educational Malpractice Suits Have Failed ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]

Eadm 15 310 072 Big Negli Mal

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