1.3: Nevada School Law 2011

Front 1

What is a tort?

Back 1

A wrongful intentional or unintentional act that harms a person’s person, property, or reputation.

Front 2

What is negligence?

Back 2

Negligence is the failure to exercise the level of care and prudence that a reasonable person would exercise. The standard for teachers is based on the training they should have.

Front 3

What must a plaintiff prove in a claim for negligence?

Back 3

1) A duty of care exists;
2) The defendant breached that duty;
3) The plaintiff was injured;
4) The defendant’s breach proximately caused the injury.

Front 4

When do teachers have a duty of due care?

Back 4

Teachers have a duty of due care while they are “on duty” and sometimes before school as well.

Front 5

What types of injuries are compensable under tort law?

Back 5

Physical injuries and sometimes emotional injuries.

Front 6

What is proximate cause?

Back 6

Proximate cause is when an injury was (1) directly caused by the actions; or (2) a reasonably foreseeable consequence of the actions.

Front 7

What factors do courts consider when weighing whether a duty of due care exists?

Back 7

1) Age of students;
2) Nature of risk students are exposed to;
3) Precautions taken to lessen risk.

Front 8

What is assumption of the risk?

Back 8

Assumption of the risk is a defense to a negligence claim. It applies when: (1) the plaintiff knew of the risk; and (2) plaintiff had sufficient time, knowledge, and experience to avoid the risk.

Front 9

What is contributory negligence?

Back 9

Contributory negligence is when a plaintiff contributes to his own injury and should be held fully or partially responsible for his injuries.

Front 10

What type of protection do immunity statutes provide schools?

Back 10

Immunity statutes limit verdict amounts to control costs in negligence cases.

Front 11

When do school districts provide legal defenses to teachers?

Back 11

When they:
1) Acted in good faith;
2) Promptly notified the school attorney and asked for a defense;
3) Cooperated with their defense.

Front 12

Why are school liability release forms generally invalid?

Back 12

1) Parents can’t waive students’ rights;
2) They are unfair;
3) They are not valid contracts;
4) Not part of assumption of the risk.

Front 13

In the Peter W. case, a man sued his school because he was fired for not being able to calculate sales tax. He said he was not properly educated. What happened?

Back 13

The Court denied his claim saying other factors may have influenced his inability to function. Schools cannot be held responsible for students’ failure to learn.

Front 14

What are the primary reasons why a coach is sued?

Back 14

1) Not warning players they could be injured;
2) Not supervising players;
3) Not properly instructing players;
4) Not conditioning players for sport;
5) Not giving proper equipment;
6) Not giving first aid or medical treatment.

Front 15

What steps should coaches take to avoid lawsuits?

Back 15

1) Maintain records;
2) Establish training rules;
3) Follow state rules;
4) Establish emergency procedure;
5) Take professional advice;
6) Don’t allow injured players to participate;
7) Promote equal competition (beginners with beginners);
8) Don’t accept blame.