Tort Liability 101:
Protecting the Rights of Students
and Staff
Tort Liability
What is a tort?
 A tort is committed
when you injure a
person, their property or
their reputation. It
doesn’t matter whether
the injury was done on
purpose or by accident.
You may be sued by the
victim in civil court.
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Tort Liability

Some torts are also
crimes, so you could be
tried in two different
courts for the same
conduct. If you’re found
liable, you could be
ordered to pay all
resulting damages.
What is Our Obligation?
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To be rational, relevant, and reasonable in
our judgments
To be wise in how we create and influence
our school culture
To be careful to comply with district and
state laws (42 U.S.C. § 1983)
To create safe learning places
To protect the most vulnerable from
themselves and others
It’s not my fault!

Tort liability has two prongs that often
overlap:
 Intentional or Deliberate Actions
 Non-Intentional or Negligent Actions
Intentional Actions
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Negligent driving — injuring persons and/or property.
Assault — unlawfully attempting to touch or hurt
another person.
Battery — intentionally touching another person
without his or her consent.
False imprisonment — keeping someone in a room or
car or other place so he can’t leave.
Defamation — an unlawful written or spoken attack on
the reputation or good name of a person.
Intentional Actions

Slander - deliberate gossip intended to hurt the
individual
 Malicious prosecution - legal harassment
 Mental distress - causing emotional duress that
leads to medical care
 Trespassing - invasion of privacy
(CC §§ 44-48.8)
Non-Intentional Actions Negligence

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There is no proof of intent or willfulness
Fourfold test
 Standard of care
 Breach of duty
 Proximity legal cause
 Injury
(2008, Essex, p. 181-184)
The Court Decides
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Who is at fault and to what extent?
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Individuals
Respondeat superior
Forseeability
Nuisance
Invitees
Licensees
Trespassers
Tort Liability Defenses
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Assumption of risk
Contributory negligence
Comparative negligence
Immunity
Cases for Review - you decide?!
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Garcia v. Puccio, 793 N.Y.S.2d 382 (N.Y.
App. Div. 2005)
Saxon v. Chapman No. 266077, 2006 W.L.
1237036 (Mich Ct. App. 2006)
Cases for Review - you decide?!
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Bradford Area School Dist. v. Stoneking, 489
U.S. 1062, 109 S.Ct. 1333, 103 L.Ed.2d 804
(1989)
Gebser v. Lago Vista Independent School
Dist., 524 U.S. 274, 118 S.Ct. 1989, 141
L.ED.2D 277 (1998)
Kurtz v. Unified School Dist. No. 308, 65
Fed. Appx. 257 (10th Cir. 2003)
Cases for Review- you decide?!
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Shinaberger v. LaPine, 34P.3d 1253 (Wash.
Ct. App. 2001)
McQueen v. Beecher Community Schools,
433 F.3d 460 (6th Cir. 2006)
Mohammed v. School Dist. Philadelphia,
196 Fed.Appx. 79 (3rd Cir. 2006)
Cases for Review- you decide?!
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Aliffi v. Liberty County School Dist., 578
S.E.2d 146 (Ga Ct. App. 2003)
Doe v. San Antonio Independent School
Dist., 197 Fed.Appx. 296 (5th Cir. 2006)
Barret v. Unified School Dist. No 259, 32
P.3d 1156 (Kan 2001)
Murray v. Chicago Youth Center No. 99457,
2006 W.L. 1822656 (Ill 2006)
Where do we go from here?

DeShaney and In loco parentis
 Pagano v. Massapequa Public Schools, 714 F.
Supp. 641 (E.D.N.Y. 1989)
 Robert v. Newburgh City School Dist., No. 89
Civ. 2978, 1990 U.S. Dist. LEXIS 91, 1990 W.L.
3210 (S.D.N.Y. Jan. 5, 1990)
 J.O. v. Alton Community School Dist. 11, 909
F.2d 267 (7th Cir. 1990)
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Duty to act to protect our students and staff maintaining safe learning places
References

Essex, N. (2008). School law and the public
schools. (4th ed.). Boston, MA: Pearson.
 Huefner, S. (1990). Affirmative duties in public
schools after “Deshaney.” Columbia Law Review,
90(7), 1940-1972.
 Roth, J., D’Agostino, T., & Brown, C. (Eds.).
(2007). Deskbook encyclopedia of American
school law. Malvern, PA: Center for Education and
Employment Law.
 Weltzin, F. (1933). Tort liability of school districts,
officers, and teachers. Review of Educational
Research, 3(5), 415-420.