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Education Law > Tort Liability > Flashcards

Tort Liability Flashcards

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1
Q

Define Tort

A

civil (private) wrong for which a remedy (i.e. damages) may be obtained. NOT A CRIME.

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2
Q

What are the types of tort liability?

A
  1. Negligence
  2. Intentional
  3. Constitutional
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3
Q

Define Negligence

A

(majority of cases) failure to exercise a standard of care that a reasonable prudent person would have exercised.
**State Law applies to negligence cases.*

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4
Q

What are the 4 prongs to find negligence?

A
  1. ) Duty of Care (school campus)
  2. ) Breach of Duty (failure to act as a reasonable person.)
  3. ) Proximate cause - connection/nexus - must exist between action/lack of action and injury
  4. ) Actual Loss/injury - damages
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5
Q

Daily v. LAUSD (1970) (Daily slapping)

A

Two 16 year olds are slap boxing in unsupervised gym - one falls and dies - teachers were playing cards
Ruling: Negligence - District responsible

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6
Q

Peter W. v. San Francisco (1976) (Peter couldn’t even read Peter Cottontail)

A

Graduate did not read at 8th grade level/ couldn’t get job/ sued for negligence
Ruling: Did not meet four pronged test

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7
Q

What are the three intentional torts? (a,b, skip c, and d)

A
  1. ) assault
  2. ) battery
  3. ) defamation
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8
Q

Define Assault

A

non-physical act that puts another person in fear of immediate bodily harm

  1. ) non-physical
  2. ) Act: swings and miss/words or both
  3. ) Ability to carry it out (fear must be real)
  4. ) Harm immediate (not a week later)
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9
Q

Define Battery

A

intentional and not permitted physical contact that causes bodily harm

  1. ) physical contact
  2. ) not permitted
  3. ) actual hitting
  4. ) Dual application (hand in hand with assault)
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10
Q

Define Constitutional Torts

A

Liable: Color of the Law - teachers/district/administration:

  1. ) deprived someone of civil rights ( 1st - 14th Amendments or other Federal Laws)
  2. ) Constitutional Tort Lawsuit: 42 U.S.C. 1983 - due process/equal protection
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11
Q

Bartell v. Palos Verdes Peninsula School District (1978) (Bart fell)

A

12 year old boy fatally injured while skateboarding after school after hours
2 Rulings:
1.) Round the clock supervision or prison-tight security - too much financial burden on district.
2.) Assumption of Risk

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12
Q

What are the three general rules of supervision?

A

Districts are responsible and liable for student supervision when student is:

  1. ) attending school
  2. ) at any school sponsored activity on or off campus
  3. ) traveling to and from school using district transportation
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13
Q

What are the exceptions of duty of care before and after school?

A

The Education Code provides that no district shall be responsible or liable for any pupil when a student is not on school property except:

  1. District provides transportation before and after school.
  2. Duty of supervision may extend to times before and after school with the principal’s “consent” - notice of student utilizing school grounds during those times.
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14
Q

Hoyem v. Manhattan Beach City School District (1978) (ran to the beach)

A

10 year old boy left school in the middle of the day without parent or school permission and was hit by a motorcycle off campus.
Ruling: district has a duty of care when the pupil is or should have been under the immediate and direct supervision of the district. (if properly supervised (i.e. breach) pupil would not have been allowed to leave.

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15
Q

What is the best protection/defense against negligence?

A

Satisfy the duty of care, which includes meeting the appropriate standard of care and proper supervision requirements: ACT LIKE A REASONABLE PERSON

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16
Q

Public employees are covered (protected against) liability by what two protections?

A
  1. Generally covered for liability under immunity statutes. (Child Abuse Reporting)
  2. CA personal liability law - Governmental Tort Claim must be made within 6 months of the incidence AND Federal Law 42 U.S.C. 1983 provides liability if person operating as color of law violates another person’s civil rights.
17
Q

Wood v. Struckland (1975) (struck out of school)

A

District expelled student who alleged civil rights violation and addressed the issue of immunity from liability for school board members.
Rule:
1. Qualified good faith immunity (federal) - society does not want public decision makers to be fearful to do their job
2. Qualified but not absolute - not immune from liability if deliberate or with malicious intent to deprive such rights to the student.

18
Q

Carey v. Piphus (1978) (Carried out of school)

A

District suspended student who alleged civil rights violation
Issue: are money damages available under U.S.C. 1983
Rule: entitled to nominal money damages but not an award of large punitive damages where little or no actual harm occurred.

19
Q

Gebser v. Lago Vista Independent School District (1998) (Lago- lax in vision)

A

Teacher sexually harasses student. At no time was district aware of the sexual harassment.
Rule: District not liable for damages (rare) unless district knew and failed to respond.
-generally court will find the district/school knew or should have known.

20
Q

Davis v. Monroe County ( 1999) (David - D - deliberate)

A

landmark case of student to student sexual harassment

rule: district was liable because they had actual knowledge and acted with “deliberate indifference” (historical phrase)

21
Q

Contributory negligence

A

demonstrate that the injured student’s own conduct contributed to his/her injury, thereby dismissing or reducing liability
- in determining contributory negligence, courts will consider what a reasonable or prudent student (plaintiff) would have done (age and maturity of student)

22
Q

Comparative Negligence

A

used if it can be shown that an injury was partly the fault of several persons thereby reducing liability in direct proportion to fault.

23
Q

Assumption of Risk

A

Under this doctrine, an injured person is not allowed to recover damages if person sustained injuries after agreement or voluntarily participating and knowing the inherent dangers. (athletic activity)

24
Q

Compensation for Injuries

A

Compensation is to make the person whole - at the level they were at before the incidence occurred. Includes missed work, pain and suffering.

25
Q

State laws and District assuming liability

A

California laws requires school districts to assume liabilities for its officers and its employees.

26
Q

Education Code 825

A

Requires a school district to provide a defense and pay any judgement of settlement resulting from an employee’s action in the course and scope of employment/responsibilities.

27
Q

School employees are protected from damages related to negligence and liability provided that what?

A

The employee was acting within the scope of employment/ responsibilities - acting as a “responsible” teacher.

28
Q

Can a school employee be named in a lawsuit and who is responsible to pay damages?

A

Yes. School employees may be named in the lawsuit, but the district is responsible to pay damages.

29
Q

If an employee is injured at work, is he/she covered? Does this include teachers.

A

Yes. By Worker’s Compensation Law. Yes. Teachers are included.

30
Q

Are parents responsible for the tortuous conduct of their children?

A

Yes.

31
Q

Are parents liable for damages stemming from a minor’s willful misconduct resulting in injury?

A

Yes. Under the Education Code, a parent is liable.

32
Q

What determines the legal residence of a student?

A

The legal residence of the parent - in regards to school attendance.

33
Q

If parents assume transportation responsibility, can they send their child to any school within the district.

A

No. Availability is based on space, not parent transportation. ( If school is close to parent’s work, still need a permit to go to that school.)

34
Q

Which Penal Code states that school employees are required under law to report suspected child abuse?

A

Penal Code 11165.9

35
Q

Teachers in California are required by law to report known or suspected child abuse to a child protective agency in what time frame?

A

Immediately by telephone and to follow up with a written report within 36 hours.

36
Q

Any mandated reporter who knows or reasonably suspects that a child has been the victim of abuse must do what two actions?

A
  1. ) Telephone report immediately to a child protective agency.
  2. ) Written report sent to SCAR within 36 hours.
37
Q

Define reasonable suspicion

A

Reasonable suspicion means it is reasonable for a person based on the person’s training/education/experiences to entertain a suspicion of child abuse. (subjective)

38
Q

What does child protective agency mean?

A

It means the DCFS or law enforcement (LAPD, Sheriff) BUT does not include school district police, security or school administration. (PC 11165.9)

Education Law (6 decks)

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