KIN - ch. 9

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tort

legal wrong that results in damage to a person or their property
negligence

most common tort in education
duty

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
mbwa means:

inspect teaching areas for hazards
malfeasance

illegal act of COMMISSION (ex: hitting student)
nonfeasance

illegal act of OMISSION (Ex: allowing bullying and not stopping it)
MISSfeasance

falls short of reasonable standard of care
comparative negligence

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
proximate cause

inevitable with or without actions of the defendant
assumption of risk

can the plaintiff assume risk of activity?
contributory negligence

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