Thursday, October 22, 2009

Liability Case


In order for a teacher to be deemed negligent there must be a duty owed, duty violated, injury must be foreseeable, and the negligent behavior of the teacher must be a proximate cause of the injury. In regard to this case the teacher was deemed negligent because the teacher had students playing in a 90 degree gym nonstop without having mandatory water breaks. The teacher was also playing instead of supervising.
In order to protect yourself in a court of law make sure to always have a lesson play for each day along with the state standards which the activity meets. Also if a student is injured make sure to write up an injury report that tells in detail how the injury occurred and the emergency procedures that followed. Keep a list of witnesses, it is best if they are adults, but students will work too. Another thing to do is have a building accident procedures in writing before the accident. If you follow all these procedures then you increase your chances of winning your case if you are ever put into court.

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