Determining civil liability is a process to determine whether someone has in fact been injured in a manner that the law covers and, if so, who, if anyone, should provide the compensation to the person injured.
If a student suffers injury, the steps or tests to determine school liability for negligence can be summarized as follows:
1. Was there a duty to care for the student at the time? (The answer to this is always yes, as soon as the student is within the school’s sphere of influence.)
2. What was the standard of care for the student at the time? (The courts have described standard of care as that which would be given by a parent of a large family.)
3. Was the standard of care breached?
4. Did the student
injury result from the inappropriate level of care being provided by the
school?
See also Parent Volunteers
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