LIABILITY
LIABILITY
CONTENTS
RATIONALE
COMPETENCIES
INFORMATION SECTION
1.1. Defining Tort
Liability
1.2. Acts Which Lead
to Tort Suits
2.1. Effective
Supervision of Students
2.2. Proper
Instruction
2.3. Regular
Maintenance of Equipment and Facilities
3.1. Strategies for Avoiding Tort Liability
Strategies for Effective Supervision
Proper Instruction
Maintenance of
Equipment and Facilities
3.2. Liability
Insurance Coverage
Summary
APPENDIX A: Forms and
Reports
APPENDIX B:
Organizations Providing Liability Insurance Information
BIBLIOGRAPHY
This monograph has been prepared in order to inform you, the Virginia Technology Teacher, of your legal rights and responsibilities in the technology laboratory. Further, it provides an overview of tort liability, practices leading to technology teacher negligence, and strategies for protection against liability actions.
Educators today face an increase in potential liability actions due to the large number of civil rights litigations, a decrease in governmental immunity from such actions, and greater teacher accountability. Technology teachers, in particular, are held highly accountable for the safety, supervision, and proper instruction of their pupils. With over 98,000 students enrolled in Virginia technology programs and subsequently involved in the use of tools and machinery, the technology teachers must provide a high standard of care to avoid litigation resulting from pupil injury, negligence, or educational malpractice. Each technology teacher must recognize and assume responsibility for proper maintenance of equipment and facilities, provide effective supervision, and promote laboratory safety and proper procedures to reduce the likelihood of being sued by parents, school boards, or the community.
To insure further protection from tort actions, each teacher should determine the extent of legal protection provided by their school board, under what circumstances they will be protected, and what type of insurance coverage would adequately protect them against liability suits.
Upon completion of
this monograph you will recognize the legal duties which you owe to
your students and be able to develop classroom strategies which will
protect the safety and welfare of students in the technology
laboratory. You will also be able to determine the adequacy of
liability coverage provided by your school district and what type of
liability insurance policies are available.
TASK 1.0. Define and
describe tort liability in the technology laboratory.
PERFORMANCE
OBJECTIVES:
1.1. Upon completion
of this monograph, you will be able to define tort liability.
1.2. Given the
information in this monograph, you will be able to identify acts
which lead to tort liability suits.
TASK 2.0. Describe practices for effective supervision, proper
instruction and
maintenance of equipment and facilities.
PERFORMANCE
OBJECTIVES:
2.1. Describe
practices which constitute effective supervision of technology
students, using the information provided in this monograph.
2.2. Using this
monograph, identify what type of instruction leads to safe work
habits and safe attitudes.
2.3. Given this
monograph, outline procedures for regularly maintaining equipment and
facilities in the technology laboratory.
TASK 3.0. Explain how
technology teachers can protect themselves from tort liability
suits.
PERFORMANCE
OBJECTIVES:
3.1. Develop lab
practices which reduce the potential for pupil injury, using the
guidelines in this monograph.
3.2. Using this
guide, be able to select tort liability insurance which adequately
protects you from tort suits.
1.1. Defining Tort Liability
Because technology teachers must supervise and instruct students in a high risk environment, the technology laboratory, they are particularly vulnerable to law suits for damages. What complicates this situation is the realization that no matter how much supervision and safety instruction is provided, the possibility of pupil injury still exists. An awareness of the concepts surrounding your professional rights and responsibilities will enable you to develop strategies which will reduce the likelihood of injury or damage suits.
One important concept
is that of tort liability. A tort is a legal wrong, taken
against a person or property which results in personal injury or
damage to property. It also involves failure to take action in
certain situations which leads to the violation of individual rights.
Most tort cases involve pupil injury, defamation of character, and
educational malpractice (Connors, 1980). Technology teachers
must exercise extreme care and provide adequate supervision and
instruction to prevent such litigation from taking place.
1.2. Acts Which Lead to Tort Suits
Most torts occur as a result of negligence. Negligence is defined as the failure of a teacher to exercise appropriate precautions, proper care, and effective supervision in preventing pupil injury. A technology teacher is negligent if he or she fails to fulfill a legal, educational or moral duty owed a student, if this duty is carried out in an unreasonable manner, or if a student is injured because the teacher failed to foresee or eliminate the events leading up to the injury. This extended definition identifies four elements pertaining to the concept of negligence. The first element involves the degree or standard of care which is viewed by our judicial system as the degree of care and responsibility which professionals owe those in their charge. Because teachers work in such close contact with their students, they must provide a much higher standard of care than most professionals. Technology teachers, since they work with individuals in a laboratory setting, are required to provide a much higher standard of care than history, math, or English teachers. Related to the standard of care is the element of unreasonable risk. In the technology laboratory, there are numerous obvious as well as hidden risks which may lead to injury or educational malpractice. As the technology teacher, you must avoid permitting students to engage in activities or be placed in situations where the student may be injured. Practices such as leaving students unsupervised, permitting students to use machines and tools on which they have had no instruction, and failing to require students to wear safety attire all place students in situations of unreasonable risk. Realizing that some degree of risk always exists when individuals work with tools, machines, and materials, you should make every effort to remove obvious, unreasonable risks from the technology laboratory.
Another element of negligence is actual and serious pupil injury. When a pupil is injured, the courts try to determine whether the teacher exercised the proper standard of care, provided proper safety instruction and supervision, and regularly maintained the equipment in the laboratory. They will also try to determine whether the teacher could have prevented the accident from occurring. If the teacher could have foreseen the events leading to the pupil injury and if the teacher did not react in a responsible and reasonable manner, then he or she may be held liable for the injury, and must pay for the damages incurred.
The fourth element of negligence is "proximate" or approximate nearest cause of injury. If the teacher's actions or conduct contributed to the series of events preceding the pupil's injury, then the teacher can be held liable for the injury. If you permitted a student to operate a defective piece of equipment, were absent from the classroom while students were working in the lab, or even allowed students who had not had prior safety instruction to use a certain piece of equipment, your actions, or lack of appropriate actions, would have contributed to the pupil's injury and you would therefore be held liable.
In determining acts
of negligence leading to tort suits, the courts attempt to find out
whether the teacher acted in a reasonable manner, meaning the teacher
behaved competently and knowledgeably, and could have prevented the
series of events or injury from occurring (doctrine of
foreseeability). A technology teacher, acting in a reasonable
manner, would not allow students to operate defective equipment, to
exhibit inappropriate unsafe behaviors, or to perform operations
beyond their age/skill capabilities. The doctrine of "the reasonable
man" and "foreseeability" are two tests of negligence commonly used
in the courts.
2.1. Effective Supervision of Students
There are three major responsibilities expected of technology teachers: effective supervision of students, proper instruction, and regular maintenance of equipment and facilities.
Many tort liability
suits charge that teachers fail to provide appropriate and close
supervision of students. The courts and school boards acknowledge
that teachers are expected to adequately supervise students using the
standard of care commensurate with their particular situation. Some
generally accepted principles of pupil supervision are:
a. Younger students
require greater supervision than older students.
b. The degree of
supervision will vary with the maturity of the student.
c. Activities with
potential high risks require greater supervision than those involving
few risks. (Hudgins and Vacca, p. 79)
From these principles
of supervision it is evident that technology teachers must provide
much greater supervision and responsibility for student actions and
activities than many other teachers. In determining adequacy of
supervision, the courts will examine the standard of care required by
the teacher, the degree of risk inherent in the lab activity, and the
age and number of students present in the laboratory. In addition,
they will investigate the length of time the pupils were left
unsupervised, whether alternative means of supervision could have
been easily provided, and what guidelines the local school board may
have established and enforced for insuring proper supervision. To
avoid liability action for inadequate supervision, you should provide
for constant and close supervision of your students, whether you are
present in or absent from the classroom.
2.2. Proper Instruction
In a learning
activity or experience, it is the teacher who is primarily
responsible for providing proper instruction. For the technology
teacher, proper instruction should consist of the following:
a. Explaining,
demonstrating, and distributing safety rules for the laboratory.
b. Explaining and
demonstrating the safe operation of equipment and tools.
c. Identifying the
proper use, handling, and storage of materials.
d. Prescreening
students to determine if their physical size, age, and skills are
sufficient for a particular activity.
e. Providing
continual safety instruction, posted warnings of potential hazards,
and adequate safety attire.
f. Providing
formative and summary evaluations to assess the students' mastery of
skills and safety procedures.
g. Using only
activities which are appropriate to the subject area and are of
educational value.
There have been
numerous court cases involving failure to provide proper instruction
along with appropriate supervision. In one particular case, a student
not enrolled in technology was repairing his automobile with an
acetylene torch when sparks ignited a gas tank which exploded,
killing one student and causing injury to another (Dutcher vs. City
of Santa Rosa High School District, California 1957). The teacher was
negligent in this case because he failed to enforce the lab rules and
regulations and provided inadequate supervision. Without proper
instruction and evidence thereof, you are vulnerable to lawsuits
involving negligence and educational malpractice. Proper instruction
not only provides the student with safe guidelines but protects you,
the teacher, as well.
2.3. Regular Maintenance of Equipment and Facilities
In addition to
providing proper instruction and supervision, it is the technology
teacher's responsibility to provide a safe working environment. In a
technology laboratory, this means keeping supplies and materials
neatly stocked, floors free of debris, machines properly fastened to
floors or tables, and safety equipment and attire available for easy
access. Even though no teacher can completely assure a hazard-free
environment, he or she should make every attempt possible to lessen
the possibility of an accident. Frequent safety inspections of the
laboratory should be made, hazardous conditions should be reported,
and protection against temporary hazards should be taken. If a
machine is rendered defective, for example, then warning signs should
be posted, the students should be warned, and the power should be
disconnected to prevent unauthorized use of the machine. It is
recommended that the technology teacher keep maintenance records
updated and record the date, time, and nature of classroom hazards.
In determining liability for unsafe environments, the courts examine
the nature of the problem, how long it had existed, whether attempts
were made to correct it, and whether the school authorities were
informed of the hazard. Keeping accurate records, informing
authorities of the hazards, and making efforts to correct the hazard
will relieve you of such liability actions.
3.1. Strategies for Avoiding Tort Liability
In order to prevent
injury and tort actions involving educational malpractice, the
following suggestions are provided for supervision, instruction, and
maintenance of equipment and facilities:
Strategies for
Effective Supervision:
a. Remain present in
the lab when students are working.
b. If you must leave
the room, cease all technical activity, shut off the main power
supply, and arrange to have another adult supervise the students.
c. Limit technical
activities to those which are performed in the technology lab
only.
d. Only permit
present or previous technology students to use laboratory equipment
and tools. Also, students who have not received prior instruction and
evaluation on a piece of equipment should not be permitted to engage
in its operation.
e. Keep careful
performance and written test records in order to ascertain the
ability of a student to use tools and equipment in the lab.
Proper
Instruction:
a. Teach students
proper work habits and safe attitudes in all learning
experiences.
b. Remain alert to
potential problems which may lead to student injury.
c. Provide safety
instruction prior to the use of all tools and equipment. Administer
safety tests and maintain all tests on file to verify that
instruction has been given and students were properly evaluated.
d. Gear instruction
to the age, skill, and maturity levels of your students. Permitting
activities beyond the capabilities of your students to take place
only increases the potential for pupil injury.
e. Maintain records
of all lessons given, both safety and instructional, and take
accurate student attendance.
f. Only allow students to work on equipment for which prior instruction was given and students who passed the accompanying safety tests.
g. Above all, set an
example for students to model.
Maintenance of
Equipment and Facilities:
a. Maintain safe,
hazard-free working conditions.
b. For tools and
equipment:
1. Use only
appropriate and approved guards on all equipment.
2. Keep all cutting
edges sharp.
3. Periodically
inspect equipment for proper grounding, stability, and smooth
operation.
4. Properly label
defective machinery and post warning signs.
5. Use proper color
coding on all equipment to identify on/off switches, oil wells,
etc.
6. Report all
defective equipment to school authorities. Maintain records of all
reports. (See Appendix A)
c. Report any
hazardous lab conditions to school authorities and request prompt
removal or repair.
d. Keep all students
clear of hazardous areas in the lab and inform them of the
consequences of entering the area.
In the event you
determine a laboratory area or piece of equipment to be unsafe,
document this information in a letter, submit copies to the
principal, supervisor, and department chairman. Documentation of the
hazardous condition will protect you in the event the condition is
not remedied and a student subsequently becomes injured.
3.2. Liability Insurance Coverage
Many teachers automatically assume that either they are immune to tort actions or that the local school board will provide adequate liability coverage. The technology teacher should investigate and carefully examine the school board's liability policy to determine if negligent acts are covered or if maximum ceilings exist on damages paid. A number of school boards purchase blanket liability policies which do not cover many civil torts. Those technology teachers also involved in driver education, physical education, or outside activities, should examine their policies to determine if they have adequate protection against liability resulting from pupil injury.
Many liability
policies have certain exclusions for which coverage will not
apply. Some of these exclusions are:
a. Providing first aid, oral prescriptions, or emergency care beyond what is expected of reasonable and prudent laypersons.
b. Rendering
psychological services such as psychological testing, counseling, or
therapy.
c. Rendering of
architectural, legal, or accounting services.
d. Libel and/or
slander of other individuals, particularly through local newspapers,
TV, or radio.
e. Operating vehicles
outside of driver education classes and school laboratory
activities.
f. Selling food and
beverages or distributing products outside of the technology
classroom.
g. Improper disposal
of hazardous materials and subsequent pollution of air, water, and
land. This does not include accidental or sudden release of
pollutants.
h. Mishandling of
public or private funds to which the teacher was entrusted.
For technology
teachers who want greater protection from tort liability suits, there
are a number of policies available from educational organizations and
automobile and home owner insurance companies. Liability insurance
usually covers between $250,000 and $1,000,000 in damages.
Deductibles vary under different school district policies. The amount
of premium paid depends upon the size of the school district, the
number of school personnel, the type and amount of coverage, and the
amount of deductibles. Individual policies usually cost about $25.00
for $250,000 coverage. Additional "riders" are sometimes available to
cover cases involving corporal punishment. Appendix B contains a list
of organizations which provide liability insurance information.
Summary
Because the
technology teacher works in a high risk environment, full of
potential hazards, he or she must provide effective supervision,
present proper safety and laboratory instruction, and maintain
equipment and facilities to prevent pupil injury from occurring. This
requires careful recordkeeping, proper laboratory management, and
enforcement of lab rules and regulations. The technology teacher must
also strive to act in a prudent reasonable manner and foresee
potential problems which may arise in the lab. Because not all
accidents can be foreseen, technology teachers must make sure that
they hold adequate liability insurance coverage and thoroughly
understand the extent of liability coverage under their policy. Legal
awareness, when combined with a high standard of care, is the best
insurance against tort liability a teacher may possess.
Organizations
Providing Liability Insurance Information
International Technology Education Association
1201 Sixteenth Street, N.W.
Washington, D.C.
20036
American Vocational Association
2020 North l4th Street
Arlington, Virginia 22201
(703) 522-6121
Virginia Education Association
116 South Third Street
Richmond, Virginia 23219
(804) 648-5801
Virginia Vocational Association
P. 0. Box 6552
Richmond, Virginia
23230
Alexander, M. David,
Johnston, A. P., and Conley, Houston, Editors. Legal Rights of
Teachers and Students. Maxwell-King Publishers.
Connors, Eugene T.
"Tort Liability in the Vocational Setting", 4-part series,
Virginia Vocational Education Association News, VEA, Vol.
XXXII, 1980.
Deighton, Lee C.,
Editor-in-Chief. The Encyclopedia of Education, Volume 9.
MacMillan Co. and the Free Press.
Fetter, Wayne R., and
Patton, Don C. "Liability Protection for Professional School
Personnel", Phi Delta Kappan, pp. 535-6, March 1979.
Hudgins, H.C., and
Vacca, Richard S. Law and Education: Contemporary Issues and Court
Decisions. Michie Co., Va.
Johnson, James A.,
et. al. Introduction to the Foundations of American Education,
Second Edition, Allyn and Bacon, Inc. Boston, 1973.
Reuter, E. Edmund,
and Hamilton, Robert R. The Law of Public Education. The
Foundation Press, Inc., New York 1970.
Williams, William A.
Accident Prevention for School Shop Teachers. American
Technical Society, Chicago 1963.