When is a teacher or school liable in negligence?

Helen Newnham
2000 Australian Journal of Teacher Education  
The law is increasing affecting the practice of education. The most likely reason a teacher or school will face legal action is in negligence where a student has been injured while under the school's protection. This may occur in a variety of settings. To satisfy the elements of the tort of negligence the student who becomes in law the plaintiff must prove that a duty of care was owed, that the duty was breached, by not maintaining the appropriate standard and that the injury was a reasonably
more » ... was a reasonably foreseeable consequence of that breach of duty. It would be rare for a teacher to face criminal charges but it could happen if a teacher had an intention to harm or acted recklessly. Two aspects which need consideration in the determination of the standard of care.
doi:10.14221/ajte.2000v25n1.5 fatcat:zl5wwd7t2bcenivbt44uebfvqm