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Torts Are Not Just Desserts

Torts Are Not Just Desserts. JulieAnn Rico Allison, Chief Counsel to The School Board. TORTS. Are not just desserts. Types of Torts Negligence Malpractice Libel Slander Defamation. Negligence at School. Negligent Supervision of Students Negligent Hiring

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Torts Are Not Just Desserts

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  1. Torts Are Not Just Desserts JulieAnn Rico Allison, Chief Counsel to The School Board

  2. TORTS Are not just desserts

  3. Types of Torts • Negligence • Malpractice • Libel • Slander • Defamation

  4. Negligence at School • Negligent Supervision of Students • Negligent Hiring • Negligent Supervision of Employees • Negligence Per Se (Failure to follow Specific Rule/Policy/Law)

  5. Negligent Supervision of Students Negligence: What are the Elements • Duty • Causation • Breach • Damages

  6. NEGLIGENCE AT SCHOOL • Negligent Supervision of Students • ELEMENTS OF DUTY • What is our Duty? • What is the Standard of Care? • Based in the Law Imposed by: • Statute • DOE Rules • School Board Policy • Case Law • Past Practices/Course of Dealing • IN LOCO PARENTIS

  7. Negligence at School Negligent Supervision of Students Elements of Breach Did we breach our duty? Based in law as applied to facts Did we follow our policy/laws/rules? “REASONABLE MAN” TEST Did we fall below the standard of care?

  8. Negligence at School Negligent Supervision of Students Elements of Damages Based on Facts: Expert Witnesses / Medical Documents / Dollar Value May Include: • Physical Damages • Element of Permanent Injury • Emotional Distress • Pain & Suffering • Future Medical Costs • Punitive Damages

  9. Negligence at School Negligent Supervision of Students Who can sue? • Students • Parents • Groups of Students

  10. Negligence at School Negligent Supervision of Students Who can sue? • Students • Parents • Groups of Students

  11. Who can be sued? • School Board • Superintendent • Principal • Teachers • Bus Drivers • School Police • Custodians • Chief Counsel

  12. Who can be sued? • School Board • Superintendent • Principal • Teachers • Bus Drivers • School Police • Custodians • Chief Counsel

  13. Who is LIABLE? Sovereign Immunity Protection Defense of Suits

  14. Negligence at School Negligent Supervision of Students How to Avoid Liability • Be aware of & follow Statutes, DOE Rules, School Board Policies • Observe safe practices • Use reasonable – common sense

  15. WHAT TO DO IN CASE OF ACCIDENTS/INCIDENTS When Bad Things Happen To Good People • Identifying incidents • Notifying Risk Management – Preparation of Incident Report • Identifying remedial efforts • Maintaining documents/providing documents • Producing Documents • On Being a Witness

  16. WHAT ABOUT APOLOGIES? WHAT ABOUT REMEDIAL EFFORTS?

  17. DISCUSSION OF CASE STUDIES

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