One particular fourth-grade teacher is a favorite of the schoolâ??s students and their parents because she is actively involved with the students during the school day. While on recess duty, this particular teacher always participates with the children in the games they are playing. During recess one day, the teacher was playing kickball with a group of students. As soon as she rolled the ball to the batter, a fight broke out between two students that were not involved the game. One student suffered injuries. In this situation, do you think the parents of the injured student would be justified in suing the teacher and the school for negligence because the teacher was not properly supervising the childrenâ??s activities during recess? Why or why not?
It is a shame, and I don't like it at all, but it is probably true that she could be liable for failure to supervise. This is regardless of the fact that she was most probably NOT the only teacher on duty on the playground at the time of the fight, or that it was the fault of the two students that they chose to fight, which is patently against school rules, which both students knew full well.
This is part of the new culture of non-responsibility in the United States of America (the fact that I did wrong is irrelevant, it is someone else's fault for not stopping me before I could do it), and the fact that teachers are now culturally ...
A discussion of the legal liability of a teacher who is playing with the students while on supervision duty are provided.