Criminal Law

Intentional act against the public at

large

Arrest made

Punishment is handed out

Examples????

Tort law

Wrong or twisted Deals with civil issues Intentional or unintentional Leads to lawsuits Anyone can be sued for anything at

anytime Examples…..

Planning issues -

Activity space -

Supervision -

Equipment -

“Someone is at fault, that this fault has caused injury or loss to another, and that someone is legally responsible.” (Gallahue & Donelly, 2003; p398)

Three ways a teacher can be held liable:1.2.3.

Failure on the part of an individual to act in a manner judged to be reasonable, careful, and prudent (the greater the risk the greater the responsibility)

Established duty: Duty of care Breach of Duty Proximate Cause Damages

Duty exists when participants:

1.2. 3. 4. 5.

Act: Actions of a person in light of the duty owed

Standard of care: Hazard free environment Safe equipment Safe facilities Safe surroundings

Have to act like a reasonable & prudent person

How do we measure these?

Prudent (marked by wisdom, good judgment)

1.

2.

3.

4.

How do we measure these? Reasonable

1.

2.

3.

4.

How to measure reasonable behavior (1 of 4)

1. Foreseeability

Ability to foresee that a

dangerous situation could

happen

A.

B.

How to measure reasonable behavior (2 of 4)

2. Acts of omission/nonfeasance

Teacher doesn’t do something they

should

A.

B.

C.

D.

How to measure reasonable behavior (3 of 4)

3. Acts of commission/misfeasance

Teacher does something he/she

shouldn’t have

1.

2.

3.

How to measure reasonable behavior (4 of 4)

4. Malfeasance: committing an illegal act

Failure to comply with regulations A.

B.

Actual cause of the injury or damage

No intervening acts

Example Teacher failed to inspect teaching area,

student stepped in hole

Physical Injuries

Emotional/mental damage

Economic damage

No negligence: at least one of the four criteria could not be established

Contributory Negligence:

Age of student; training of teacher Comparative Negligence

Act of Nature: something completely unexpected happens that is totally beyond your control

Statute of limitations 1-3 years to file

Ignoring mandated legislation A. B.

Improper instruction A. B. C. D.

Inadequate supervision 1.

2.

3.

Failure to provide a safe environment 1.

2.

3.

4.

Minimize the undesirable risks and dangers associated with an activity.

3 methods to manage risk Eliminate the risk

Reduce the risk

Accept the risk

Safe Equipment Safe Facilities Safe Surroundings Supervision Planning & conduct