Transcript “Legal Awarenesses”

“Legal Awarenesses”
Focus:
LIABILITY
You’ve got mail!
• Riehlman, Shafer, & Shafer
• Longretta Law Firm
• Carter, Conboy, Case, Blackmore,
Napierski & Maloney, P.C.
• McLane, Smith & Lascurettes, L.L.P.
• Sugarman, Manheim & Schoenwald, L.L.P.
Who are these guys????
Some Facts:
• 800,000 lawyers live in the U.S.
• Half of the world’s lawyers live in this
country
• “Litigation has become the nation’s
‘secular religion’…and it is practiced
regularly against public & private park,
recreation, sports, & leisure
enterprises.”(Kaiser, 1986)
It’s a Fact…
• More than half the accidents that happen in
school occur in the playground, gym, and
athletic fields.
• Injuries will occur in your physical
education class.
Legal Terms = “Legal-ese”
An unfamiliar language…
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Litigation
Tort
Misfeasance
Malfeasance
Nonfeasance
Plaintiff
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Standard of Care
Liability
Negligence
“In Loco Parentis”
Breach of Duty
Etc.
Lawyers!
Law suits?
Litigation?
Injuries?
“Legal-ese”?
YIKES!!!!
I’m outta’ here!
Wait a minute …….
• Fear is irrational. Take a deep breath and
let’s systematically unpack what we need to
know.
What are the facts?
What is this stuff really all about?
Goal:
To unpack the facts, so you can
be informed and aware.
• Knowledge is power, so let’s find out!
Lesson #1
• The “Litigation Game”
– Lawyers vs. Insurance $ (the “cash cow”)
– Everyone else (us) is caught in the middle
– Injuries and life circumstances become the
pawns in the game
“It’s about the insurance $, stupid!”
Lesson #2
• “Accident” insurance and “Liability”
insurance are not the same.
• As a hired teacher, public schools
automatically cover you for both.
• Be sure to ask about this if interviewed at a
private school.
Lesson #3
• Law is very logical.
….So, where does the logic start?
• “In Loco Parentis” (in place of parents)
• Parents have certain “duties” to their kids
• Schools assume these same duties when
kids are in their care.
Lesson #4
99.9% of lawsuits involving teachers…
…are about a student who was injured.
INJURIES are the source of the litigation
No injury = no law suit
• The injured party has the burden of proof
• They will try to prove that someone’s …
NEGLIGENCE caused the injury
Lesson #5
The 4-Part Test for
Negligence
The plaintiff (injured party) must prove that…
1. The INJURY… (harm)
2. was CAUSED … (proximal cause)
3. by a BREACH…
4. of a DUTY.
These 4 terms are the whole thing!
Lesson #6
INJURY
(or harm)
• Easy to establish
Lesson #7
CAUSE
(proximal cause)
• Did the negligence cause or contribute to
the injury? If so how much?
Lesson #8
BREACH of DUTY
Not fullfilling a duty that was legally owed to
the injured person, i.e.:
• forgetting to do something
• using an incorrect procedure
So, again the main idea is this:
“Was the injury caused by a
breach of a duty?”
If so, then negligence is
established and $$$$ is awarded.
The game is now over.
Lesson #9
What are our DUTIES
as physical education teachers?
See page E-14 in your
EDU 255 packet
for a list of teacher duties
Lesson #10
What if the duty is unclear, unwritten?
STANDARD of CARE
“What a prudent person would do
in the same situation”
Summary: “How is it established?”