Have you taken reasonable care of the students surrounding, their safety & protecting them against any foreseeable injury?
WHAT IS NEGLIGENCE?
Negligence is doing, or failing to do something that a reasonable person would, or would not, do in a certain situation and which causes another person damage, injury or loss as a result.
WHAT IS A DUTY OF CARE?
A duty of care is a legal obligation to avoid causing harm and arises where harm is ‘reasonably foreseeable’ if care is not taken. An example of such a relationship would be a teacher and student relationship.
EXAMPLES OF FAILURE TO MEET A STANDARD OF CARE:
where a teacher fails to ensure the safety of the students surrounding during Physical Education or fail to advise or supervise the students while doing experimental exercise in the laboratory.
Courts view schools as safe places because students are taught and supervised by trained teachers. You operate in place of parents for students assigned to your classes. You are also called on to perform three important legal duties - to instruct, supervise and provide for the safety of students as determined by the courts.
You are expected to exercise the same degree of care as fellow teachers would exercise under similar conditions. The standard of care will vary based on the age, maturity, experience and mental capacity of students in your classes and the type of activities in which they are involved.