Good morning Ashlynn
I hope you're getting good support, as we talked about yesterday. I just wanted to share this with you:
Elements of Cause and Action
1). Duty � A school board and its employees are under a duty to exercise reasonable care to protect students from reasonably foreseeable risks of injury.
2). Breach of Duty (Negligence) - �Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do. The defendants might have been liable for negligence, if, unintentionally, they omitted to do that which a reasonable person would have done, or did that which a person taking reasonable precautions would not have done.�(Blyth vs. Birmingham Water Works Co., 1856).
3). Causation - this term refers to the determination as to whether there is a sufficient causal link between the defendant�s negligence and the plaintiff�s injury. This actually involves 2 separate issues: causation in fact and proximate cause. The first is based on the question, would the injury have occurred but for the defendant�s negligence? The second however is more complex. Even if there is a causal link between the defendant�s conduct and the plaintiff�s injury, is the link so �bizarre� as to make it unfair to hold the defendant liable for the injury?
4). Damages as a result of the injury - If the student suffered actually damages, the medical bills and endured pain will be given a dollar amount. The dollar amount of those damages is to be recovered from the board.
It is important to note that a school board is vicariously liable for all acts of negligence performed by its employees and volunteers acting within the scope of their employment or within the scope of their authority. Liability "flows" from the teacher to the principle to the board.
Make sure your lawyer understands this. The School Act is cut & dried. If a child is injured at school during school hours it is the SCHOOL that owes that child a Duty of Care, it is the school that failed to do what was reasonable to prevent the injury, and it is the school that should be held liable for the damages amount for that injury. To my mind, this includes not having a Safety Plan in place for YOUR child!
Call me again, anytime.