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Neikirk Torts Presentation

Published on Nov 19, 2015

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PRESENTATION OUTLINE

1.

What comes to mind...

WHEN YOU HEAR "TORTS?"
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2.

Not the rich and delicious dessert...

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3.

We're talkin' Torts!

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4.

A Tort is a:

5.

TORTS ARE STATE STATUTES

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6.

Torts may be intentional

  • Assault
  • Battery
  • Defamation
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7.

Or unintentional

  • NEGLIGENCE
  • this is the most common tort against school personel
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8.

Negligence:

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9.

Conduct falling below a reasonable standard of care resulting to injury to another person.

10.

standard of reasonableness

would a regular person do things this way?
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standard of gross negligence

you know it's bad and you just don't care
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either way, burden to prove is on the plaintiff!

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Individuals have less money,

it pays to sue large organizations.
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There are limits to how much you can be forced to pay

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TO FORESEE THAT A SITUATION COULD PROVE HARMFUL.

YOU MUST HAVE BEEN ABLE
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You are in trouble if you:

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Invite people into a dangerous place.

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18.

Do not fix a problem.

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19.

Standard of care

  • High
  • Medium
  • Low
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TYPES OF LITIGANTS:

  • Invitee (students)
  • Licensee (UPS)
  • Trespasser (not kids after school!)
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Care in practice

  • Make sure it's safe (clean spills)
  • Do not increase danger (mark spills)
  • Do not be wanton (guide into spills)
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22.

IF YOU ARE NEGLIGENT,

all 4 of these will have happened
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you will have been responsible

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24.

for teachers:

  • Adequate Supervision
  • Proper Instruction
  • Maintain Safe Environment
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25.

WHAT EXAMPLES

can you think of?
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standard of care

would it have been done differently next time?
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proximate cause

could it be seen and prevented?
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28.

actual loss!

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29.

time to share

do you know of any current situations that meet the 4 elements?
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30.

It's not my fault!

31.

schools are liable when teachers acts are "reckless"

teachers are liable when acts are "Malcious"
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32.

Any questions?

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Daniel Neikirk