Liability of Schools for Student/Staff Injury

By Edward F. Dragan, EdD

Liability with respect to schools and school employees is generally based on the legal theory of negligence.  Negligence has been defined as: the omission to do something which a reasonable person would do or the doing of something which a prudent and reasonable person would not do; the failure to exercise ordinary care under the circumstances; conduct that a reasonably prudent person should realize involves an unreasonable risk of causing invasion of another's interest; or, a failure to do an act that is necessary for the protection or assistance of another.  For a plaintiff to prove negligence, generally, four elements must be proven:1. Legal Duty, 2. A Breach of Legal Duty, 3. Proximate Cause and 4. Damages or Injury.

Legal duty means conforming to a certain standard of care for the protection of others against unreasonable risks.  There is a duty of due care that the law recognizes one person owes to another.  This duty may arise from a contract, a statute, common sense, or a special relationship the parties have to one another.  Regarding students, the courts have found that schools and their employees have the duty to supervise students, provide adequate and appropriate instruction prior to commencing an activity that may pose a risk of harm, and provide a safe environment.  Usually, that duty extends to students while they are in the custody or control of the school.  Schools may have a duty to supervise students off school grounds when they have caused them to be there such as while on field trips.