Tuesday, August 24, 2010

Does anyone know of any legal cases that involve a teacher being negligant?

Must be a case from Australia and may contain the following that would be useful:





-contributory


-unsupervised


-On an ouside of school activity.Does anyone know of any legal cases that involve a teacher being negligant?
There are quite a lot of negligence cases about schools, although generally it's the school, the school authority, or the state that is sued, rather than the teacher. Teachers don't have any money, you see. That can come about because the teacher is found to have been negligent, and so his employer is vicariously liable. But there is also a non-delegable duty owed by schools to students, so in some cases the question of whether the teacher was personally negligent is irrelevant.


Parkin v ACT Schools Authority involved a student misusing a belt sander. He got his hand pulled in, ripping off all the skin. It was held that the teacher should have been supervising him more closely. The student was known to be careless, and the regular teacher always kept a close eye on him, but that day there was a substitute teacher. There was also a finding of contributory negligence, since the student should have known not to use the sander in that way.


Cox v State of New South Wales involved a student being seriously bullied, and the teachers were negligent in not taking the situation seriously.


Peynolds v Haines was a case in which a student was standing outside the school, shortly before school started, and threw fruit at another student riding his bike along the road. It hit him in the face and permanently damaged his eye. The Supreme Court of New South Wales found that the school was liable as it had assumed responsibility for supervising the students.


Concerning an activity outside of school, it is clear that a duty of care exists in that situation. That was held in Gugiatti v Servite Collede, for example, although in that case it was found that the teacher had not actually been negligent.

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