Legal Question in Education Law in Florida

Educaition law

Junior High Kids Running/Hits Ear

It is Friday and the end of the school day in a 6-8 middle school of 1100 students. A classroom teacher, Mr. Smith, remains in the classroom at the end of the class after the final bell rings. All the kids are in the hallway and right outside of Mr. Smith�s class two kids are running. They collide and one hits his ear on the lapse (door opening) of a locker. The student goes home, informs his parents, and gets taken to the emergency room for examination. The doctor determines the student will have permanent hearing loss. The parents want to sue the teacher, principal and superintendent for negligence. You are the principal.

I have to identify four or five legal issues at stake here. I'm coming up with two: teacher supervision and student safety.

I would appreciate any help you can give.


Asked on 5/31/09, 10:57 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Educaition law

sovereign immunity, causation (proximate cause), duty, reasonable forseeability, no personal liability for governmental employees (must sue the state agency), joint and several liability (other kid), prior knowledge of condition or conduct.

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Answered on 5/31/09, 12:04 pm


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