KIN - ch. 9
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legal wrong that results in damage to a person or their property
most common tort in education
does defendant owe anything to plaintiff?
breach of duty
did defendant fail to use reasonable care with the duty?
damage as proximate result
damage & cause (physical, emotional, financial harm)
mbwa stands for:
management by walking around
inspect teaching areas for hazards
illegal act of COMMISSION (ex: hitting student)
illegal act of OMISSION (Ex: allowing bullying and not stopping it)
falls short of reasonable standard of care
found in BOTH SIDES and pay out is prorated to match the percent of negligence
attractive nuisance (boys' minds)
"too good to pass up"
act of God
covers natural, unforeseeable events
inevitable with or without actions of the defendant
assumption of risk
can the plaintiff assume risk of activity?
plaintiff's actions contributed
what will keep you out of court?
- -lesson plans
- -keep good records
- -inspect equipment &keep checklist
- -respect parents' notes
- -be aware of special needs
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