Law Of Negligence

Improved Essays
Excursions are a fun and interactive way of teaching students what it’s like in the real world but rules have to be in place in order to protect students from dangerous occurrences. These rules are in place to not only protect the students but also the teachers and school from suing for negligence. Negligence is the reckless action of an individual that results in damage, loss, injury or sometimes death. If there is a duty of care in the situation under consideration, than has there has been a breach of duty, that is, a failure to take care regarded by the law as reasonable in the circumstances and has damage or injury been caused or contributed by the breach .Ferny Grove State High School has a vigorous system for teachers to follow in order …show more content…
Teachers also must provide a duty of care to their students. They must supervise in classrooms, outdoor sports, during H.P.E, students moving around the school, students playing sport elsewhere and during excursions. A lawsuit for negligence can be defended by follow three different questions. These questions are if there is no duty of care owed, the plaintiff has contributed to their own injury and if the plaintiff have contributed to their injury knowing the risks associated with the activity. If all three questions are breached than the plaintiff has the right to accuse the school for …show more content…
Humanities teacher Mr Kinovski is a teacher at FGSHS who organises excursions for his class. He does all the correct procedures for organising excursions like travelling to the place where the excursion will take place. FGSHS’s system does not need to be improved because the system is already long and complicated and teachers are aware of the rules and regulations when organising an excursion.
Litigation has affected schools in more negative ways than positives because schools are now too scared to travel outside school grounds because of the threat of being sued. If schools only stay in school grounds than the students will be safer and teachers would not be sued. These positives are only minor reward for not having excursions compared to the negative impact. Kids will be too safe if not shown the outside world where everything is not a comfy bubble, they’ll be more attached to the desk and they would never get the experience of visiting wonderful

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