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An analysis of court decisions pertaining to tort liability for student injuries sustained in science activities in public school systems throughout the United StatesBarrett, Harvey Benton January 1977 (has links)
Purpose of the Study
The purpose of this study was to investigate, analyze and classify court decisions as they related to the question of the legal liability of science teachers and school districts for injuries or deaths resulting from student involvement in laboratory, classroom or classroom-related science activities.
Research Methods and Sources of Data
An extensive search of all cases in point which have been decided by appellate court jurisdiction was made. The American Digest System provided a bibliography of cases and the entire opinions were read as they appeared in the National Reporter System. Other legal aides useful in the study were the American Law Reports, Corpus Juris Secundum, American Jurisprudence and Shepards' Citations. The primary cases were briefed and then identified according to principles, issues and elements illustrated. The results were then studied and similar items grouped together. Other cases were cited in order to strengthen points or to clarify issues and principles of law.
Findings
The relationship and involvement of a science teacher and school district in a tort claim is dependent on the laws in effect in the state or the absence thereof. In accord with this and on the basis of the appellate court decisions presented in this study, the following conclusions may be justified with respect to the tort liability of school districts, of school officers, of agents and employees, as it relates to student injuries sustained in science or science-related school activities.
School Districts and Boards of Education
School districts or other authorities in charge of public schools may be liable for personal injuries to pupils resulting from negligence in failing to: (1) supervise or to properly supervise the conduct or activities of pupils under their control, (2) exercise ordinary prudence in keeping dangerous instrumentalities from pupils except under close supervision, (3) use reasonable care in keeping and distributing materials which are potentially dangerous in themselves or in combination, (4) hire suitable teachers, (5) properly govern, supervise and regulate the activities of its personnel, (6) provide proper and safe instrumentalities.
Science Teachers
Science teachers may be held liable for their acts or failure to act under a variety of circumstances. Laboratory instructors are particularly vulnerable because of the potentially dangerous instrumentalities involved. Science teachers may be liable in tort if they: (1) fail to explain basic procedures, (2) fail to warn students of possible danger, (3) require students to perform acts which might jeopardize personal safety, (4) fail to reasonably foresee and anticipate events which might injure students, (5) fail to exercise reasonable care in providing and labeling dangerous materials, (6) improperly instruct and supervise the selection, compounding and handling of ingredients used in certain experiments, (7) limit instructions regarding dangerous experiments to the handing-out of textbooks only, (8) leave the classroom or laboratory while potentially dangerous activities are being performed, (9) allow students to perform activities in the absence of safe and proper equipment, (10) fail to insist that students use the proper safeguards. / ED. D.
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