Teacher liability and safety

Current level of child, short term objectives and long term goals, Placement recomendations, statement of services needed, dates of anticipated services, and criteria to determine if goals are being met.

The accident was not caused due to teacher negligence. Example: the teahcers location did not have any effect on the accident. It would have occured regardless of her location.

Anything that can cause injury and could be prevented.

Teacher follows proper procedure but fails to perform according to standard.

Teacher commits an unlawful act with no legal bias. Act of commission.

Lack of action in carrying out a duty. Act of ommission-the teacher failed to follow the proper procedures.

The injured party can recover only if found to be less negligent than the teacher.

Improper behavior by the injured party caused the accident

The responsibility to perform a duty to a particular group.

Existence of legal duty from defendant to plaintiff, Breach of duty, Damages as proximate result.

An injury for which the court will provide a remedy in the form of an action for damages.

Duty, Breach of Duty, Proximate cause, Damages

Administer first aid, notify parents, release students, complete accident report

In immediate vicinity, have replacement before departure, supervision in lessons, procedures include what to observe, participants age ans skills taken into consideration.

Teaching children how to perform activities correctly, Teaching students safety precautions, Lesson plans include proper sequence of skill.

Breach of duty where an injury occurred

Teacher could not control or predict unsafe condition.

Participants accept risk associated with activity

stop class movement, give attention to injury, emergenc care plan: call appropriate people, write accident report