Explore BrainMass

Discuss: Tort Education

Question: Define tort liability in the context of the school. Provide one example of tort liability in the school and describe what the school leader might have done to prevent this situation from occurring. Support your answer with research.

© BrainMass Inc. brainmass.com August 21, 2018, 5:55 am ad1c9bdddf

Solution Preview

In the school context, teachers are liable for acts that may cause injury to a student while under the teacher's supervision (Osborne, n.d.). There are two major categories of torts typically observed within the education related cases: intentional torts and negligence (Black's Law, 2009).

Frame v. Comeaux

For example: Casey Frame was an eighth grade student and Dr. Barry Comeaux was a science teacher at Opelousas Catholic School. Comeaux was acting as a substitute teacher for Frame's last period class. By request of the original teacher, Comeaux administered a spelling test to the students, but during the course of the test, many students became disruptive. At that point, Comeaux asked them to leave and the offending students complied. Shortly thereafter, Casey Frame spoke aloud during the test, and Comeaux asked him to leave the classroom twice before approaching Frame's desk. Frame responded by slowly standingup to face ...

Solution Summary

The expert defines the tort liability in the context of the schools. The school header which might have done to prevent this situation from occuring is determined.