Negligence as a Litigated Tort in Education

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Negligence is an important part of most personal injury lawsuits, where an injury results from another persons recklessness. It is defined as failing to maintain a reasonable standard of care that endangers another person. The basic defenses against negligence are contributory, comparative, and assumption of risk. For instance, contributory negligence occurs where both complainant and defendant are held liable for the cause of injury. The main damages against negligence are nominal, compensatory damages, and punitive damages. Therefore, this paper will explain the defenses and damages against negligence and how loco parentis plays a role in post-secondary and K-12 education tort cases.

The Types of Damages and Defenses Against Negligence: the Defenses Against Negligence

Contributory negligence, comparative negligence, and assumption of risk are the three basic defenses against negligence. Contributory negligence arises when a complainant fails to exercise reasonable safeguards, which, when combined with the defendants negligence, causes the complainant to sustain injuries (Goudkamp & Nolan, 2019). In this instance, it is assumed that if the plaintiff had not been careless, the injuries would not have occurred. Comparative negligence reduces a complainants reimbursement by the degree of blame they bear for the occurrence that resulted in the injuries (Levmore, 2019). It impedes the defendant from being exonerated just because the plaintiff similarly failed to exercise due care. The assumption of risk refers to a circumstance in which the plaintiff assumes the risk if they willingly entered a dangerous position while fully aware of the risks involved (Best et al., 2018). The three negligence defenses describe different circumstances of action against negligence.

The Damages Against Negligence

The major damages against negligence are nominal, compensatory, and punitive damages. Nominal are damages awarded to a plaintiff when the court determines that the plaintiff experienced a legal violation but suffered no actual pecuniary loss (Best et al., 2018). Such events, however, are uncommon because negligence cases frequently require proof of injury. Compensatory are monetary awards made to a plaintiff to repay for damages, injuries, or other losses incurred (Votruba, 2019). It is awarded in civil court cases if a loss occurred as a result of another partys negligence or criminal activity. Punitive are given if the defendants actions are proved to be reckless. This means that the defendant completely disregarded another persons safety (Murphy, 2019). Thus, the mentioned damages for negligence are court-ordered compensation for personal injuries and linked expenses.

The other damages against negligence can also be divided into economic and non-economic damages. To begin with, a complainant is granted economic damage to compensate them for the financial losses incurred as a result of their injury (Kuttenkuler, 2020). The purpose of economic reparations is to alleviate some or all of the plaintiffs financial burden. They are estimated based on the current fair market value at the time of the incident. It includes lost wages, medical bills, rehabilitation costs, and costs associated with specific house construction projects if the individuals demands need them (Levmore, 2019). Noneconomic damages are difficult to quantify because they can entail general pain and suffering (Kuttenkuler, 2020). These losses are less tangible than economic losses. Future losses will be incurred as a result of the loss of income and any future medical care that may be required. Therefore, the damages to negligence are economic and non-economic.

Role of In Loco Parentis in Tort Cases, Post-Secondary Education and K-12 Schools

In loco parentis is the act of standing in to care for a child in the absence of a parent. When a child is entrusted with an educational institutions care, the educator acts as the parent. In addition, as an acting parent in schools, educators are responsible for whatever happens to the students in their care (James, 2020). In post-secondary schools, loco parentis necessitates the development of a safe learning environment for students as well as the protection of those pupils from foreseeable dangers to their safety. Post-secondary schools are required to enforce a standard of care by informing and reminding students of morals and behavior. In K-12 schools, teachers must act on behalf of the parents to attain their common goal of teaching and to discipline them to the required behavior and performance (James, 2020). In loco parentis enables teachers to instill discipline among students.

Conclusion

Negligence is a key component of most personal injury claims that occur as a result of another persons recklessness. It is the most common type of tort that arises when an individual fails to act carefully. Contributory, comparative, and assumption of risk negligence are the most common defenses to carelessness. Contributory negligence, for instance, happens when both the complainant and the defendant are held accountable. Nominal damages, compensatory damages, and punitive damages are the most common types of damages in cases of carelessness. A breach of in loco parentis is a form of negligence usually reported in learning institutions where parents donate part of their responsibilities to educators. Therefore, it is important to act with caution to avoid lawsuits and damages that come with negligence.

References

Best, A., Barnes, D. W., & Kahn-Fogel, N. (2018). Basic tort law: Cases, statutes, and problems (5^th ed.). Wolters Kluwer.

Goudkamp, J., & Nolan, D. (2019). Contributory negligence in the twenty-first century. Oxford University Press.

James, B. (2020). Restorative justice liability: School discipline reform and the right to safe schools: Part III: External reforms and the duty to protect. University of Memphis Law Review, 51, 613.

Kuttenkuler, J. (2020). No pay no play: Not okay? Analyzing the constitutionality of Missouris no pay no play statute following Jiles v. Schuster Co. Business, Entrepreneurship & Tax Law Review, 4, 316.

Levmore, S. (2019). Richard Posner, the decline of the common law, and the negligence principle. The University of Chicago Law Review, 86, 1137-1156.

Murphy, J. (2019). Contemporary Tort Theory and Tort Laws Evolution. Canadian Journal of Law & Jurisprudence, 32(2), 413-442.

Votruba, A. M. (2019). Dividing responsibility: The role of the psychology of attribution. DePaul Law Review, 69, 721.

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Negligence as a Litigated Tort in Education

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