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What type of negligence do you think the plaintiff was suing for?

August 12, 2022
Christopher R. Teeple

 

Safety – This week you learned about safety and legal liability.  Two VERY important concepts to keep you from getting sued and from students getting hurt/seriously injured. You also looked at cooperative skills. Use what you learned this week to complete the following questions. Copy and paste into a new word document.

1. Review the safety and liability checklists in chapter 11.  Pretend you are already a teacher.  Select two questions from the list, in each topic.  Briefly explain how you plan to make sure the answer would be affirmative for your classroom.

  • Supervision and Instruction

Question:

Plan:

Question:

Plan:

  • Equipment and Facilities

Question:

Plan:

Question:

Plan:

  • Emergency Care

Question:

Plan:

Question:

Plan:

2. Case Studies – Look at the negligence and liability section of the textbook.  Choose one case study from below and answer the following questions.

What type of negligence do you think the plaintiff was suing for?  What actions, if any, were wrong? How would you settle the case? Support your answers with strong evidence from your text and/or outside resources.

Case Studies (Choose only one)

Parsons v. Blue Moon School District

Facts:  In May, 1995, six-year old Parsons, a first-grade student, slipped and fell from a piece of playground equipment during recess.  The equipment was a metal monkey bar device which children walked upon.  It extended over the ground approximately two feet.  Parsons fell on the hard dirt surface below.  As a result of the fall, Parsons broke her right leg.  The volunteer, playground supervisors were standing at the far corner of the school, to get out of the wind.  Another student, one of 90 students on the playground, ran to the building, to notify the playground supervisors that Parsons was hurt.  Parsons’ mother sued the school district, the principal, and the two playground supervisors.

Ayden v. Spring Creek School District

Facts:  On May 14, 1999, Ayden, a student at Onanda Elementary School, was injured while helping his physical education teacher carry a volleyball standard across the gymnasium floor for class.  Ayden, the plaintiff was walking backwards as he carried his end of the volleyball standard and tripped on a volleyball lying on the ground, fell back and broke his arm.  Thinking that the arm was just bruised, the physical education teacher did not seek medical help for the student until the end of class.  The plaintiff sued the school district, the principal, and the physical educator.

Tyler v. Winter Park School District

Facts:  In October 2001, Tyler, a fourth-grade student, was participating in his physical education class.  Near the field where class was being conducted, groundskeepers were dumping fill dirt.  This dirt was going to be used at a later date to level the field.  When the groundskeepers left they placed caution tape around the large pile of dirt.  At the end of class Tyler climbed to the top of this pile and rolled down the other side.  As he tumbled down the dirt, his head struck the ground.  The physical education teacher gave immediate aide.  Tyler was able to walk on his own to the office where he received an ice pack for the bump on his head.  Tyler started throwing up and the paramedics were called.  Tyler had a concussion.  Tyler’s parents sued the school district.

3. Teaching students cooperative skills can be fun and rewarding. Describe one reason you would teach cooperative skills to students.

4. Find one cooperative group challenge from chapter 21 and explain at least two ways you would make sure to teach this lesson safely. What specific measures would you take?

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