Litigation In Today's Society, Especially School.

1492 words - 6 pages

Civil law is prominent in all areas of society including education, professionals are being held accountable for their actions as more students and parents are aware to their rights. This has led to an increase in civil law; more parents are spending more time to go through the civil law process to acquire compensation. The process of negligence, and whether it could arise in your school shall be breached, the laws governing this are subtle and need to be fully understood. The school oval for instance is a place in which students may be hurt at break times, one student could tackle another and injure them, and this is a situation that a teacher may face in a process of civil law even though the student does know that tackle is not allowed. Negligence in the form of physical injury is one aspect of civil law, in which a teacher may face. It is suggested that it is the most likely reason a teacher will face legal action. It is therefore of great importance that teachers and school authorities as you are aware of how the tort of negligence operates and how to prevent legal action ever becoming. The school premises is a pit of potential legal hazards, the area that has been brought to attention is the school fields.The tort of negligence is "a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm." This means that an educational institute such as you owes a care to all students amongst the grounds, so any activity that a student may do, and any activity there is a foreseeable risk of injury is a potential civil law case. One of these areas is the school oval.The school fields are a place of exercise and games, but as of late students have been playing tackle football, this is a big issue. How these games fit into the law of negligence and the mechanics behind it will be perused. Under Queensland legislation teachers owe all students a duty of care. This duty of care extends to all students that the teacher is supervising, even if the teacher cannot possibly see the student. This leads on to the neighbor principle, the neighbor principle is derived from the bible "love thy neighbor" it means that a person owes a duty of care not to injure those whom it can be reasonably be foreseen would be affected by his acts or omissions. In literal terms this means that an educational institute and all subjects owe a care to every person that has a link to the school. Whether they can be seen or not, if a student injures themselves on the oval then, then they can go through the process of civil law; on the grounds that the teacher on duty should have been supervising what is happening. For the case of civil law to be won a number of criteria has to be proved; A duty of care, this is to determine whether the defendant actually has a duty of care owing to the plaintiff, A breach of that duty of care through an act or...

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