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Cases...Comments...Trends
The Millenium Edition
School officials and their attorneys relying on the doctrine
of immunity to protect their districts and their
personnel from lawsuits, judgements, and higher insurance premiums, may
be in for an unpleasant surprise.
As an increasing number of successful legal actions taken against schools for
negligent safety or security have demonstrated, the doctrine of immunity continues to erode.
The lawsuits, court
decisions, and settlements described in THE SCHOOL SECURITY LIABILITY MANUAL presents a picture of the legal climate that
schools must deal with as their vulnerability to legal actions increases.
This highly-recommended guide includes
over 50 court decisions (many of them in federal and state appellate courts which can be cited as precedence). It further
describes, in detail, both the legal trends and specific decisions that are defining, in many jurisdictions, what the courts
require from schools in protecting students, employees, and visitors from crime or accidents.
Based on articles
and reports from 1984 to 2000, the guide includes the actual experiences of school officials and legal counsel in dealing
with some very active and serious litigations. It is designed for decision-making officials, attorneys, and insurers seeking
to more effectively recognize and minimize their districts vulnerability to suit.
In the Preface of THE SCHOOL SECURITY
LIABILITY MANUAL, the question of legal immunity for schools and its recent erosion is reviewed with leading attorneys.
SECTION ONE covers the wide range of lawsuits, decisions, and settlements that pertain to accidents on and off school
property. Some cases which resulted in awards in the millions are reviewed in detail, including those involving parking lots,
school buses, playgrounds, sports and sporting competitions, swimming pools, and classrooms. In addition, recommendations
by experts on avoiding playground
liability and sports injury liability are presented.
SECTION TWO deals with
a relatively new concept: Liability of schools as landlords for crimes committed on their property. While a landlord ordinarily
is not legally responsible for the security of users of the property beyond the requirement of reasonable care, once a school
undertakes a program that provides security, as many do, failure to adequately perform this service when an incident occurs
may greatly increase civil liability. This important section presents a wide range of cases involving the charges
of negligent
security, including rape and sexual assault, sexual harassment, and physical assault.
In SECTION THREE, other areas
of litigation, ranging from racial slurs and meningitis exposure, to AIDS, wrongful termination, search and seizure, and negligent
hiring are reviewed.
In the APPENDIX, an in-depth interview with one of the countrys leading litigation attorneys
spells out exactly
what can be expected when your school or district is sued and what you can do about it.
FOR
ATTORNEYS, a Table of Cases is provided.
CONTENTS
PREFACE:
Erosion Of The Immunity Doctrine: Why
Lawsuits Against Schools For Negligent Security Are On The Rise
Section One: Liability For AccidentsSports/Athletic
Injuries
Wrestling Accident Nets Student $75,000
An Interview With: Litigation Attorney Arthur Stroyd On
Avoiding Athletic Injury Liability
District Awarded Punitive Damages For Insurance Company's Failure To Pay
$1.45 Million Injury Settlement Points Out Football's Dangers
Unfair Competition' Costs NYC $875,000 In
Sports Injury Lawsuit
Swimming Pool Accident Costs School District $2.35 Million In Legal Settlement
School
District Settles Sport Injury Lawsuit For $5 Million
An Interview With: Loss Control Expert Susan Smith On Sports
Injury Liability
PLAYGROUNDS
AZ Appeals Court Finds District Not Immune In 'Playground Surface' Suit
School Held Liable In Fall From Swing Case; Student Awarded $4 Million
$40,000 Award For Negligence In Playground
Injury Suit
District Found Negligent For Injury During School Activity
Special Report: How To Inspect Playgrounds
To Avoid Injuries, Liability
Court Finds School Supervision Adequate In Playground Injury Lawsuit
School
Playground Injury Lawsuit Settled For $1.1 Million
An Interview With: Theodora Briggs Sweeney On Playground Liability
CAR / BUS
District Pays $3 Million To Student Hit By Car While Crossing Road
Students Hit By Curb-Jumping
Car Sue School District; Each Awarded $800,000
$6.3 Million Judgment For Street-Crossing Injury
Appeals
Court Rules Against School In Crosswalk Accident Lawsuit
Lawsuits That Followed The Worst Bus Crash In Texas History
Jury Awards $1.7 Million To Students Injured In School Parking Lot
School District Liable For Street-Crossing
Injuries
School Liability For Crosswalk Safety
District Ordered To Pay $1.65 Million In Bus Collision Suit
FALLS
Prior Similars' Defense Prevails For School In Skylight Fall Lawsuit
NOT A DANGEROUS CONDITION
INEXPENSIVE MEASURES TO TAKE TO REDUCE RISK
Watch Out For: Unprotected Skylights
Student Awarded
$4.75 Million For Fall On Ice In Schoolyard
ILLEGAL ENTRY
State's High Court Backs School Board In Death
Of Student
ANIMAL BITES
Student Files Suit Over Rabid Bat Bite
Student Sues School For Bite By
Dog Brought To School By Teacher
ACCIDENTS IN THE CLASSROOM
$2.1 Million Award For Welding Accident Burns
Scissors Accident Results In $186,000 Settlement
Window Accident Costs District $150,000
Student
Blinded By Scissors; Jury Awards $4.6 Million
School Principal Could Be Liable For Not Calling Ambulance
GYMNASIUM
ACCIDENTS
Colorado Appeals Court: School Liable For Unpadded Wall
Drop Criminal Charges Against Teacher
In Gym Door Case; Civil Lawsuit Pending
OTHER ACCIDENTS
Court Rejects School's 'Solar Eclipse' Appeal; Settlement
Seen
District Pays $1.25 Million After Transformer Accident
SECTION TWO: Liability For Negligent Security
RAPE/SEXUAL ASSAULT
Court Backs Insurers Refusal To Cover Assault Claim Against School
An Interview
With: Loss Control Specialist Robert Krall On Decreasing The Risk Of Sexual Abuse Lawsuits
Eight-Year Old Sodomized
In School Bathroom Awarded Record $1.5 Million
School Held Not Liable For Releasing Student To Uncle Who Raped Her
Find Schools Increasingly Liable For Ignoring Sex Crime Reports
Appeals Court Finds School Liable For Rape
Of Student
School Board Held Liable For Students Rape Of Student
Students Win Lawsuits For Molestation By
Teacher
Court: School Officials Not Immune From Liability In Alleged Sexual Assault
Settle Sexual Abuse
Lawsuit For $400,000
School Officials Indicted For Failing To Report Sexual Assault
Appeals Court Finds
District Liable For Teachers Molestation Of Student
School Board, Others Sued For Rapes Charged To Volunteer
School District Held Liable For Student Rape By Unknown Man
Jury Awards $700,000 To Employee Attacked After School
Hours
Appeals Court Upholds Mothers Right To Be Informed About Assaults On Child
SEXUAL ASSAULTS
The
Recent Supreme Court Decision And Its Potential Impact On School Liability For Sexual Abuse And Harassment Of Students
ILLINOIS APPEALS COURT: SCHOOL CAN BE LIABLE FOR FAILING TO TAKE APPROPRIATE ACTION
CALIFORNIA APPEALS COURT
RULES FOR PLAINTIFF IN SUIT
AGAINST SCHOOL OFFICIALS FOR FAILING TO ACT ON SEXUAL HARASSMENT COMPLAINTS AGAINST TEACHER,
OTHER STUDENTS
$900,000 Settlement in First-Of-Its-Kind School Gay Harassment Lawsuit
Students Win Sexual
Harassment Suits Against Two School Districts
Special Report: Using Team Training In Handling Student Sexual Harassment
Charges
Jury Sides With School District In Sexual Harassment Suit By 6th Grader
Appeals Court Rules Student
Who Claimed Sexual Harassment By Other Student Can Sue Under Title IX
Third-Grader Awarded $5,000 In Title IX Sexual
Harassment Suit
Court Defines Potential School Liability For Improper Teacher-Student Relationships
District
May Be Liable For Failure To Act On Student/ Student Sexual Harassment
Supreme Court: Students Can Get Monetary Awards
For Sexual Harassment
Court Exempts District From Suit That Charges Teacher With Sexual Overtures
Settle
Sexual Harassment Lawsuit For $250,000
An Interview With: Trisha Brinkman On Management
Responsibilities
PHYSICAL ASSAULTS
Appeals Court: Principal Must Pay For Excessive Force Against Students
Attorneys:
Iowa Court Decision May Spur More School Beating Lawsuits
Student Attacked By Other Student Awarded $52,000;
Districts Immunity Defense Disallowed
Security Guards Not At Assigned Posts; Stabbed Students Awarded $800,000
Florida Appeals Court: Schools May Have Duty To Protect Invitees On Property
Teacher Beaten By Students
Brother Awarded $5.2 Million
SC Court Of Appeals: Governmental Immunity Not Applicable In Student Assault
$30
Million Award In School Shooting
Student Successfully Sues School District For Failing To Supervise
Court
Rules Student Has Right To Sue District For Failure To Provide Safe Access
Special Report: Lawsuit Vulnerability--Students
Assaulting Other Students
Are Schools Liable For Injuries In After-School Brawl?
Do Teachers Who Participate
In Competitive Physical Activity Lose Immunity To Suit?
An Interview With: Professor Robert Bickel On Current School
Liability Issues
SECTION THREE: Other Areas Of Liability
Searches
Conducting Student Searches:
Legal Guidelines For Searching For Guns, Weapons, or Drugs Without Incurring Legal Liability
OHIO: WHAT CONSTITUTES
REASONABLE SUSPICION?
THE U.S. SUPREME COURT DECISION ON THE PROPER SEARCH STANDARDS
THREE ADDITIONAL RECOMMENDATIONS
TO INSURE PRUDENT STAFF BEHAVIOR
Appellate Judges Scold Lawyers, Parents For Suing Schools When Student Is Searched
Illinois: Mass Metal Detector Searches Are Constitutional
REVISING METAL DETECTOR POLICY TO CONFORM TO COURT
DECISION
Suspension Of Student For Carrying Gun Upheld By States Highest Court
Right To Search Lockers Upheld
By Wisconsin Supreme Court
Jury Rules School Officials Acted Reasonably In Search
Supreme Courts Search
And Seizure Ruling Leaves Many Questions Unanswered
AIDS
Controversy Over AIDS Education
Parents
Sue School District Charging AIDS Harassment
Drug Testing
U.S. District Court: Random Testing Of Athletes
Upheld
Drug Testing Program Challenged
HEALTH HAZARDS
Failure To Notify About Meningitis Exposure
Prompts Lawsuit
Suicide
Do Schools Have A Duty To Warn Parents About Students Suicidal Intent?
Racism
Principal Awarded $1 Million In Racial Slur Lawsuit
School Sued For Slurs In Phony Yearbook Biography
NEGLIGENCE
Special Report: Avoiding Liability For Negligent Hiring
WHAT CONSTITUTES NEGLIGENT HIRING?
THE LANDMARK AVIS RENT-A-CAR CASE
WHAT CONSTITUTES AN APPROPRIATE BACKGROUND CHECK?
WHY USING OUTSIDE
SCREENING RESOURCES MAY BE ADVISABLE
THREE OUTSIDE RESOURCES TO CONSIDER
BE AWARE OF RIGHT TO PRIVACY ISSUES
TURNING DOWN UNSUITABLE APPLICANTS
Wrongful Termination
WATCH OUT FOR: Wrongful Termination Lawsuits
Weapons
Appeals Court Upholds Expulsion Of Student Carrying A Lipstick Knife
Failure To Disclose
Information
CA Appeals Court: Schools That Fail To Fully Disclose Information About An Employees Past Can Be Liable
For Future Actions
APPENDIX
An Interview With: Richard S. Kuhlman On What To Do When You Are Sued
CASE
LISTINGS
The SCHOOL SECURITY LIABILITY MANUAL is a MUST for School Security Directors, Administrators, Superintendents
of Schools, Educators, Board of Education Members, Bragaining Agents, Union Representatives and Officials, and anyone affiliated
with schools, and You!
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