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Tort Liability 101:

Tort Liability 101:. Protecting the Rights of Students and Staff. Tort Liability. What is a tort?

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Tort Liability 101:

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  1. Tort Liability 101: Protecting the Rights of Students and Staff

  2. Tort Liability • What is a tort? • A tort is committed when you injure a person, their property or their reputation. It doesn’t matter whether the injury was done on purpose or by accident. You may be sued by the victim in civil court.

  3. Tort Liability • Some torts are also crimes, so you could be tried in two different courts for the same conduct. If you’re found liable, you could be ordered to pay all resulting damages.

  4. What is Our Obligation? • To be rational, relevant, and reasonable in our judgments • To be wise in how we create and influence our school culture • To be careful to comply with district and state laws (42 U.S.C. § 1983) • To create safe learning places • To protect the most vulnerable from themselves and others

  5. It’s not my fault! • Tort liability has two prongs that often overlap: • Intentional or Deliberate Actions • Non-Intentional or Negligent Actions

  6. Intentional Actions • Negligent driving — injuring persons and/or property. • Assault — unlawfully attempting to touch or hurt another person. • Battery — intentionally touching another person without his or her consent. • False imprisonment — keeping someone in a room or car or other place so he can’t leave. • Defamation — an unlawful written or spoken attack on the reputation or good name of a person.

  7. Intentional Actions • Slander - deliberate gossip intended to hurt the individual • Malicious prosecution - legal harassment • Mental distress - causing emotional duress that leads to medical care • Trespassing - invasion of privacy (CC §§ 44-48.8)

  8. Non-Intentional Actions - Negligence • There is no proof of intent or willfulness • Fourfold test • Standard of care • Breach of duty • Proximity legal cause • Injury (2008, Essex, p. 181-184)

  9. The Court Decides • Who is at fault and to what extent? • Individuals • Respondeat superior • Forseeability • Nuisance • Invitees • Licensees • Trespassers

  10. Tort Liability Defenses • Assumption of risk • Contributory negligence • Comparative negligence • Immunity

  11. Cases for Review - you decide?! • Garcia v. Puccio, 793 N.Y.S.2d 382 (N.Y. App. Div. 2005) • Saxon v. Chapman No. 266077, 2006 W.L. 1237036 (Mich Ct. App. 2006)

  12. Cases for Review - you decide?! • Bradford Area School Dist. v. Stoneking, 489 U.S. 1062, 109 S.Ct. 1333, 103 L.Ed.2d 804 (1989) • Gebser v. Lago Vista Independent School Dist., 524 U.S. 274, 118 S.Ct. 1989, 141 L.ED.2D 277 (1998) • Kurtz v. Unified School Dist. No. 308, 65 Fed. Appx. 257 (10th Cir. 2003)

  13. Cases for Review- you decide?! • Shinaberger v. LaPine, 34P.3d 1253 (Wash. Ct. App. 2001) • McQueen v. Beecher Community Schools, 433 F.3d 460 (6th Cir. 2006) • Mohammed v. School Dist. Philadelphia, 196 Fed.Appx. 79 (3rd Cir. 2006)

  14. Cases for Review- you decide?! • Aliffi v. Liberty County School Dist., 578 S.E.2d 146 (Ga Ct. App. 2003) • Doe v. San Antonio Independent School Dist., 197 Fed.Appx. 296 (5th Cir. 2006) • Barret v. Unified School Dist. No 259, 32 P.3d 1156 (Kan 2001) • Murray v. Chicago Youth Center No. 99457, 2006 W.L. 1822656 (Ill 2006)

  15. Where do we go from here? • DeShaney and Inloco parentis • Pagano v. Massapequa Public Schools, 714 F. Supp. 641 (E.D.N.Y. 1989) • Robert v. Newburgh City School Dist., No. 89 Civ. 2978, 1990 U.S. Dist. LEXIS 91, 1990 W.L. 3210 (S.D.N.Y. Jan. 5, 1990) • J.O. v. Alton Community School Dist. 11, 909 F.2d 267 (7th Cir. 1990) • Duty to act to protect our students and staff - maintaining safe learning places

  16. References • Essex, N. (2008). School law and the public schools. (4th ed.). Boston, MA: Pearson. • Huefner, S. (1990). Affirmative duties in public schools after “Deshaney.” Columbia Law Review, 90(7), 1940-1972. • Roth, J., D’Agostino, T., & Brown, C. (Eds.). (2007). Deskbook encyclopedia of American school law. Malvern, PA: Center for Education and Employment Law. • Weltzin, F. (1933). Tort liability of school districts, officers, and teachers. Review of Educational Research, 3(5), 415-420.

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