Introduction: Tort can be defined as, “an act or omission which unlawfully violates a person’s right created by the law, and for which the appropriate remedy is a common law action for damage by the injured person (AA pg632). There are four main types of tort, these are: a) intentionally interferences, b) strict liability, c) negligence, and d) defamation (AA). Tort cases involving schools predominantly involve parents as plaintiffs and the school personnel as defendants. Although tort cases are relatively common, only around one-third of the plaintiffs are successful with their suits (A). However, as successful plaintiffs receive damages, on average worth more than $ 1 million, school districts are wise to avoid this …show more content…
However, there is a growing concern that this trend is about to change.
For a successful negligence tort case the plaintiffs must demonstrate the following four elements: a) the existence of a legal duty owed by the defendant to the plaintiff; b) a breach of the legal duty by the defendant; c) causation between the defendant’s acts, or failure to act, and the plaintiff’s injury suffered; and d) damages suffered by the plaintiff (A&A C 273). In both landmark cases, the courts failed to: 1) acknowledge a defined existing legal duty by the school district to educate their students, and 2) prove causation between the school district 's actions and the students’ lack of learning (B). While many lawyers and educators viewed these two landmark cases as the end of this type of tort some now believe the trends in educator effectiveness now make this type of case a lucrative and viable lawsuit (B & C). Authors Hutt and Tang (2013) and authors DeMitchell, DeMitchell and Gagnon (2012) argue that the failure of Peter W. and Donohue negligence claims rest in the historic context from when they were tried. As curriculum and professional practice standards are now more clearly defined, these authors suggest that is now practical for a plaintiff to establish a duty of the school to educate students or remove underperforming teachers
Robert Foster was killed while under the supervision of two teachers, defendants Inez Grant and Lloyd Gray. His mother, Helen Foster filed a lawsuit against the school her son attended, Morehouse Educational Development Center (MEDC). Foster was a member of the school basketball team for the special olympics. The special olympics was a school activity. The teachers planned practice to be held at a park. The park was three blocks away so the teachers decided to walk rather than get a bus for the boys. Gray took the team to Dotson Park alone and Grant followed in a car. While they were walking to the park, Foster dashed out into the street, ran between two stopped cars and fell on the ground. Foster was run over by an oncoming car and suffered serious injuries and died from three days later.
The Plaintiff contends that Baylor’s knowledge of the potential threat Elliott and other student-athletes posed as well as their deliberate lack of concern subjected her to an increased risk of being sexually assaulted. Specifically, Hernandez alleges that the university failed to address and intentionally concealed the sexual violence committed by football players for several years; the Plaintiff also states that Baylor’s staff was directly and repeatedly told about the sexual assaults committed
Lago Vista Independent School Distict. Gebser and her teacher had a sexual relationship that lasted for almost 2 years. The two were caught in the middle of having relations. The teacher was arrested by the local police department and his license were revoked by the state. Gebser never notified administrators or staff about the relationship between her and the teacher. Her parents tried to file a case on the school district for damages and monetary payment. The court ruled in favor of the school district. This case was very interesting and unique in many ways. I support the decision of the court on no to reward the victim monetary payment. Gebser never tried to notify anyone about the situation, it was more so enjoyment for her. This school district was very proactive and moved very quickly after finding out the
In order to prove Thomas liable in this situation, there would have to be evidence of proximate cause (Essex, 2016). The student, or student’s family, would need to be able to prove that there is a relationship between the principal’s breach of duty, and the injury the student suffered (Essex, 2016). I have dedicated the remainder of this paragraph to describing the ways in which Thomas may be in breach of his duty. Thomas has the responsibility as the school principal to ensure that Homewood High School has highly qualified teachers. It is his responsibility to recommend to the board the person best suited for the
To examine the history of a case that continues to affect students today, it is important to look at how the discrepancy began starting with Mary Beth, John, and Christopher. The tumultuous 60s can be described by Kelly Shackelford, a constitutional attorney,
Due to the student’s suspensions, father’s of students sued Des Moines Independent Community School District. Initially the case was filed in District Court which dismissed the complaint and upheld the schools’ authority to enforce the policy because a fear of a school disturbance would result from the armband protest. The case was then brought to the Court of Appeals for the Eight Circuit, which considered the case en banc. where the court was divided equally the case was granted certiorari. On
Regarding the school’s districts claim that students would become distracted by the act of wearing armbands which resulted in the suspension of the students, the court claimed that “in order to justify the suppression of speech, the school officials must be able to prove that the conduct in question would materially and substantially interfere with the operation of the
Good evening Your Honor, ladies and gentlemen of the jury, and opposing counsel. Tonight you heard the testimony and evidence in Roughed Grouse High School's attempt to hide, justify, and deny their negligent actions. In order to prove Roughed Grouse High School's negligence resulting in the death of Jordan Simon, I, along with my co-counsel, had to prove our case, not beyond a reasonable doubt, but simply by a preponderance of evidence. In other words, if you were to put the evidence favoring the case of the plaintiff and evidence favorable to the defendant on a scale, we the plaintiff would have to make the scales tip ever so slightly in our favor. Ladies and gentlemen of the jury, we have done just that. We have proved to you tonight
Developed By: Edwin C. Darden (director of education law and policy for Appleseed, a law instructor, and managing partner for The Education Advocacy Firm)
The Problem: Civil In-justice. Approximately every sector of New York’s economy is affected by the threat of virtually open-ended liability created by the state’s current tort laws. Few issues have as great an impact on the bottom line of so many different companies and industries, as well as municipalities, school districts and non-profit groups, throughout the state of New York.
The Pentacle is an amulet, or talisman, that is disk shaped and inscribed with a pentagram. To be clear, the pentacle is a pentagram with a circle around it. If the shape differs in any way, meaning the pentagram is surrounded by anything but a circle, and if the shape inside the circle is not a pentagram, then it is not a pentacle. The pentacle is a five pointed star surrounded by a circle. The points represent the elements, and is often used in ceremonial magick for evoking spirits, protection during rituals, and spells.
Nursing theories that incorporate the theoretical framework from non-nursing disciplines are known as borrowed theories. According to McEwen and Wills (2014), “borrowed theories or practice theories can readily be used to describe and explain phenomena that affect nursing and concluded that to limit nurses to using only nursing theories in nursing research is shortsighted” (p. 444). Borrowed theories can be derived from physiology, psychology, sociology, and education disciplines. Electrosurgical and laser surgeries have created a problem within the operating room related to surgical smoke. Lewin’s Change Theory is a borrowed theory that stems from a psychological discipline and can be used to help with the given problem.
Presented are four separate cases that have been argued and settled in a court of law. Each of these cases represent a different kind of tort, a tort is a civil wrong or wrongful act, which can be either intentional or accidental, from which injury occurs to another (Hill & Hill n.d.). The torts are as listed, intentional, criminal, negligence, and liability as presented in the four researched cases.
NEGLIGENCE will be found if TEACHER OWED a DUTY, the duty was BREACHED, and the breach was both the ACTUAL CAUSE and the PROXIMATE CAUSE of the PLAINTIFF’S DAMAGES.
Tort law is a very prevalent aspect of conducting business and daily life in the twenty first century. According to the textbook, The Legal Environment of Business, tort law provides “remedies for the invasion of various protected interests.” (Cross & Miller, 2012) In this essay about tort law, I will talk about a tort case that has personally impacted me. To do so, I will provide a background of the event, apply facts of the case to applicable law, summarize lessons of the week as they relate to this case and provide a plausible argument for the parties involved.