Civil Liability of Schools,Teachers and Pupils for Careless Behaviour

Abstract

This paper identifies the elements that the courts consider when deciding whether a school or teacher has been negligent.It then reviews the significant case law which establishes the liability of schools and teachers for harm sustained by pupils in their care and for the personal liability of children for careless acts that leads to personal harm. In the tort of negligence a school through its teachers is expected to adopt the standards which would be expected of a reasonable caring parent.This precludes exemplary behaviour and, depending on the circumstances,constant supervision. The recent case of Mullin V. Richards [1998] has established that to prove if a child is negligent, the objective standard by which his or her behaviour should be judged is that of an ordinary prudent and reasonable child of that age rather than that of a reasonable adult. Senior school managers can reduce the likelihood of accidents and successful negligence claims by assessing the significant risk in the school, recording the assessments and introducing measures to reduce risk.