How To Prove Negligence By Teacher Or Administrator If Child Gets Hurt At School?

Regardless of how severely a parent’s child might have been injured, no mother or father can prove negligence by a teacher or administrator, without collecting all the necessary evidence. That evidence collected by Personal Injury Lawyer in St. Catharines must demonstrate the existence of four elements.

Elements of injurious accident that must be proven

• The negligent teacher or administrator had a duty of care towards the student. In other words, the same student should have been protected from foreseeable risks.
• The negligent party breached his or her duty of care.
• The student has sustained an identifiable injury.
• The student’s injury was caused by a willingness of the negligent party to breach his or her duty of care.

If a personal injury case concerns the actions of a driver, it is easy to prove the driver’s duty of care towards others on the road. Proving a teacher’s or administrator’s duty to care for a student can create more of a challenge. According to the law, 3 factors must be considered, by those that must rule whether or not the allegedly negligent adult did, indeed, have a duty of care towards the injured child/student.

The 3 factors that must be considered

The age of the students: Younger students demand a greater amount of supervision.

The number of students being supervised: Demands on a teacher’s time increase, as class size increases.

The type of activity in which the child was participating: Parents object to placement of children or teenagers in a risky situation. That fact has been demonstrated by the number of complaints made by parents, when a service-learning project has exposed members of a classroom to what seems like a risky situation.

What parents should know about vicarious liability

The term vicarious liability covers the range of roles filled by those that might be held responsible for harm to the member of a classroom, or to someone enrolled in a school. That role does not have to be one of teacher or administrator. It could be the person that has employed a particular adult at a school (teacher or administrator).

In a public school system, a school board hires the teachers and administrators. Hence, the members of that board might be held responsible for a given student’s injuries. If parents have sent their son or daughter to a private institution of learning, then those parents would need to find out what person or group hired the teachers and administrators.

Of course, a private institution seldom gets hit with a charge of negligence, because few students get supervised at any one time. In other words, there is less of a demand on any one teacher’s or administrator’s time, and so less chance that any student might get injured.

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