Orientation and mobility instructors, administrators, and members of the legal profession were surveyed to obtain information on the use of “solo” travel experience during training and to examine the instructor's liability in case of student injury. A list of precautions was developed to protect the student and also to reduce the possibility of the instructor's being sued for negligence. Since no actual legal suit was found in the survey or in the literature, legal opinion is given on a hypothetical case. Guidance was also obtained from court decisions where instructors of sighted children had been sued for negligence.
Get full access to this article
View all access options for this article.
References
1.
Ayers v. Board of Education. Hart County, 192 S. E. 256 (1937); and Benton v. Board of Education of Cumberland County, 201 N. C. 653, 161 S. E. (1931).
2.
Forgnone v. Salvadore Union School District, California (1940).
3.
FullerE. E.Reasons given by courts for school district immunity.American School Board Journal, 1941, 103, 23–25.
4.
Gattlavara v. Lundin, 166 Wash. 548, 7p (2d) 958 (1932).
5.
Haynes v. Presbyterian Hospital Association, 241 Iowa 1269 (1950).
6.
LeibeeH. C.Tort Liability for injuries to pupils.Ann Arbor, Mich.: Campus Publishers, 1965.
7.
Lovell v. School District No. 13, Coos County, 143 p. (2d) 236 (Oregon, 1943).
8.
National Education Association, Research Division.Who is liable for injury? NEA: 1963.
9.
Nestor v. New York (1961) in Tort Liability of Public Schools and Institutions of Higher Learning.American Law Reports Annotated, 1962, 86 ALR 2d.
10.
President and Directors of Georgetown College v. Hughes, 130 F. 2d 810 (D.C. CIR. 1942).
11.
Purkis v. Walthamstow Borough Council, 151 L. T. R. 30. England, 1943.
12.
RosenfieldH. N.Liability for school accidents.New York: Harper, 1940.
13.
Sartariano v. Sleight, 54 Cal. App. (2d) 278, 129. P. (2d) 35 (1942).
14.
SchaererR. W., & McGhehyM. A.Tort liability of school districts.Bloomington, Ind.: Beanblossom Publishers, 1960.
15.
Sayers v. Ranger, 83 A. (2d) 775 (New Jersey), 1951.
16.
Underhill v. Alameda Elementary School District, 133 Calif. App. 733, 24 Pac. (2) 849 (1933).
17.
Wright v. San Bernardino in American Law Reports, Second Series (1969) ALR 2d Vol. 32-39.
