Torts

1
Torts

• Torts
• Defined
• An offense against an individual for which civil
  actions may be taken to recover damages for the
  injury received
• An unreasonable interference with the interests
  of others that causes injury
• Standard of Proof
• Preponderance of the evidence
• greater weight of the evidence
• required in most civil cases
• Lesser standard than criminal trial.

2
Institutional Liability

• Torts
• Intentional Torts
• Willful acts
• e.g. Assault, Battery, Trespass, Emotional
  Distress
• Must act with substantial certainty of
  consequences
• Spears pg. 642
• Strict Liability
• Abnormally dangerous activities
• Liability without fault
• Fallon - pg. 644

3
Negligence

• Negligence
• Unintentional Tort
• Elements of Negligence
• Duty
• Breach
• Causation
• Injury
• Need all 4 to sustain a cause of action

4
Negligence

• Duty to protect others
• Reasonable person of ordinary prudence acting in
  like circumstances.
• - reasonably prudent teacher pg 648 quote
• Usually requires some relationship between
  parties.
• Act or omissions to act depending on
  relationship.
• Stein- - pg. 660
• Protect against foreseeable risks
• Brownell - pg. 652
• Johnson - pg. 654
• Duty to Supervise
• Wallmuth - pg. 666
• Stevens - pg. 669

5
Negligence

• Breach
• Failure to exercise appropriate standard of
  care
• Generally, means did not act reasonably under
  the circumstances
• as risk of harm increases, so does standard of
  care
• standard of care not uniform
• Will change with age, gender, etc.

6
Negligence

• Causation
• Proximate or Legal Cause
• But for
• Injury is the natural and probable result of
  negligence
• foreseeable
• Absence of intervening factors
• Injury
• Actual loss or damages

7
Negligence

• Defenses
• Contributory Negligence
• Funston - pg. 670
• Hutchinson pg. 673
• Comparative Negligence
• Assumption of Risk
• Aaris pg. 675
• Hammond- pg. 677
• Waivers/Consent forms
• Wagenblast pg. 681
• Immunity
• PA limits on tort liability for school
  districts

8
Other Liability Issues

• Vicarious Laibilty
• respondeat superior
• Premises liability
• Invitees
• Invited to use the land (school students
  customer in a store)
• Duty to take reasonable care to make safe
  (Richardson - pg. 658)
• Licensees
• Permitted to use the land, not invited
• Duty to warn of known dangers
• Trespassers
• No duty, except to refrain from willful/wanton
  dangerous conduct
• attractive nuisances

9
Institutional Liability

• Defamation
• Encompasses twin torts of
• libel (written) communication
• slander (oral) communication
• Privilege
• absolute privilege,
• gives utmost protection to those performing vital
  governmental function (i.e.. judicial
  proceedings, legislative proceedings)
• qualified or conditional privilege
• given to educators who pass information from one
  professional to another in good faith for the
  benefit of the child.
• gossip is not privileged.
• protects the educator when statements are made in
  good faith and without malice.

10
Defamation

• Defamation Per Se and Per Quod
• Defamation per se
• Words that, on their face, injure reputation
• No special damages need be shown.
• Examples
• words that impute
• a criminal offense punishable by imprisonment
• a person is guilty of a crime of moral turpitude
  
• a venereal or other communicable disease
• conduct incompatible with proper conduct of his
  or her lawful business, trade, or profession.
• Defamation per quod
• requires that the plaintiff prove actual damage.

11
Defamation

• Public Officials and Figures
• If -gt plaintiff declared to be a public figure
• Then -gt plaintiff must prove statement made with
  actual malice.
• requires proof that the defendant's motives
  designed to harm the plaintiff.
• Truth
• Absolute defense against defamation

12
Other Liability Issues

• Affirmative Duty to protect students from harm
• State Created Dangers
• Gross Negligence/Shocks the Conscience
• Doe pg. 765
• 42 U.S.C. 1983
• Cause of action for deprivation of rights secured
  by Const.
• State Action required
• 14th Amendment Right to Personal Security
• Educational Malpractice
• Case Study Donohue v. Copiague School Dist.