Legal Liability Common law negligence Statutory obligations

Common Law Negligence

1. Duty of care 2. Breach of the duty of care3. Causation4. Remoteness5. Defences

Common Law Negligence

Duty of care – Reasonable foreseeability– Proximity

Common Law Negligence

Duty of care - foreseeabilityWarren v Haines• not fanciful• proportional

Common Law Negligence

Duty of care - foreseeabilityGiliauskas v Minister for Educ’n factors: age

cost reasonable risk

Common Law Negligence

Duty of care - proximityDonoghue v Stevenson

- “neighbour”Richards v State of Victoria

- “schoolmasters”

Common Law Negligence

Duty of care - proximityGeyer v Downes

outside of hours, primary playground before school instructed “no games”

Common Law NegligenceBreach of the duty of care

- Reasonable person test (special skills)

likelihood of injuryseriousness of injuryeffort required to remove the risk. utility of the conduct

Common Law Negligence

Causation“But For” test

Common Law Negligence

RemotenessReasonable foreseaability of the kind/type of damage

Common Law Negligence

Defencescontributory negligencevoluntary assumption of the risk

Common Law Negligence

The school, vicarious liability and the “non-delegable duty of care”

Common Law Negligence

• Who gets sued?• Insurance - school

- Union• Criminal negligence

Statutory ObligationsOHS Act 2004

OHS Act 2004OHS Act 2004 - s.25Reasonable care – selfReasonable care – othersNot intentionally or recklessly

interfere or misuse

“Be Reasonable”• Follow school policy• Identify risks• Raise concerns in writing• Print out & keep records• Up-date your knowledge