Negligence Essay

1368 words - 5 pages

Negligence is a failure to take reasonable care to avoid causing injury or loss to another person. Schools are often sued for negligence because they have a duty of care towards their students. Therefore schools and Education Queensland have policies and rules that students must follow to help avoid injuries. One area of the schools duties is the safety of buildings and equipment and surroundings in the school environment.Schools are a fertile area for civil suits these days, especially negligence suits. So many things can happen at school and the school and teachers do everything they can to try and prevent injuries. However the problem is, children don't listen to rules, there are rules such as 'don't run on the concrete' and 'don't throw things in the playground/anywhere' however kids do it anyway. There are always 2 or more teachers on playground duty and if they catch the student doing the wrong thing then they will tell them to stop and eventually move on, then the student will usually continue doing whatever he/she was doing in the first. So basically, schools are a fertile area for civil suits because there are too many things that can happen and no one can account for every single, possible outcome. Nearly 100 lawsuits were filed against the State of Queensland in the financial year of 2008 and the numbers just keep growing. When filing against negligence there are 3 duty of care question that need to be answered.To successfully sue someone for negligence, the plaintiff needs to show that the defendant did not meet the requirements of his/her duty of care. Duty of care is the legal obligation we have to look for certain other people and make sure they are not injured by our actions or inactions. To prove that the duty of care was breached by the defendant, the plaintiff needs to show three elements: That the defendant owed the plaintiff a duty of care, that the duty was breached, and that the plaintiff suffered damage as a result. These three elements are called the 3 duty of care questions. Education Queensland and FGSHS also have a policy they have to follow.Education Queensland have a policy on Supporting Student Health and Well-being and this is an excerpt of what the Learning Environment should be:'A safe learning environment covers the physical and cyber spaces students engage in for school activities. Schools develop school wide rules and consequences in collaboration with their school community. A positive learning environment supports students' personal and social development and staff wellbeing. Schools provide rich learning environments that are open, respectful, caring and safe.'Ferny Grove State High School also has a Policy when it comes to school property and how to behave around the school, here are some of the rules:Respecting and caring for personal, school and others' propertyObserving all workplace health and safety rulesWalk and talk quietly when around school buildingsBoth Education Queensland and FGSHS have...

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