As an educator I have a common law duty to anticipate foreseeable dangers and to make sure I am taking all the necessary precautions to protect the students that are entrusted in my care (Cambron- McCabe, McCarthy, & Eckes, 2014). I am aware that some of my responsibilities are: to give proper instruction, to provide my students with adequate supervision, and to warn my students of known dangers (Cambron- McCabe et al., 2014). Knowing what my duty is to my students is very vital as an educator. Also knowing how I can be found negligent is also very important. There are four elements that must be proven if I am found negligent:
1. Duty must be established- I was the educator and the student was under my supervision. I have the responsibility to warn my students of any known or foreseeable dangers such as dangerous activities, …show more content…
Negligence is the cause of the injury- If a student under my care was hurt and obtained an injury and prove I was negligent because of cause-in-fact and proximate cause. 4. An actual injury occurs-if my student was injured under my supervision and I didn’t provide reasonable assistance that commensurate with their training and experience. There are two types of negligence that are looked at if I was found negligent. “Contributory Negligence in common-law jurisdictions is generally a defense to a claim based on negligence, an action in tort. This principle is relevant to the determination of liability and is applicable when plaintiffs/claimants have, through their own negligence, contributed to the harm they suffered” (Contributory negligence 2015). Comparative Negligence is when the plaintiff (student) and/or one or more defendant bear responsibility in proportion to fault (Cambron- McCabe et al., 2014). When the court is considering if I am negligent they consider if I as a participant has appropriately assumed risk: 1. Agreement in advance 2. Knowledge 3. Subjective understanding
4. Voluntary acceptance of the risk (Giddings,
1. Duty must be established- I was the educator and the student was under my supervision. I have the responsibility to warn my students of any known or foreseeable dangers such as dangerous activities, …show more content…
Negligence is the cause of the injury- If a student under my care was hurt and obtained an injury and prove I was negligent because of cause-in-fact and proximate cause. 4. An actual injury occurs-if my student was injured under my supervision and I didn’t provide reasonable assistance that commensurate with their training and experience. There are two types of negligence that are looked at if I was found negligent. “Contributory Negligence in common-law jurisdictions is generally a defense to a claim based on negligence, an action in tort. This principle is relevant to the determination of liability and is applicable when plaintiffs/claimants have, through their own negligence, contributed to the harm they suffered” (Contributory negligence 2015). Comparative Negligence is when the plaintiff (student) and/or one or more defendant bear responsibility in proportion to fault (Cambron- McCabe et al., 2014). When the court is considering if I am negligent they consider if I as a participant has appropriately assumed risk: 1. Agreement in advance 2. Knowledge 3. Subjective understanding
4. Voluntary acceptance of the risk (Giddings,