Negligence Claims
Negligence Claims Against Schools
Mary Angela Shaughnessy, SCN — Louisville, Kentucky
Students and parents making claims that they have been harmed by a school's negligence must establish four things:
- That the school owed a duty of reasonable care
- That they breached that duty by doing something that a reasonably prudent school would not have done
- That actual, compensable harm was caused as a result
- That the school's or school employee's actions were the proximate and/or legal cause of the harm in question
As an attorney, I provide legal representation in Kentucky regarding negligence claims against schools as well as mediation, advocacy and consulting services nationwide to students, parents, school administrators, school districts, directors and others.
For a consultation — please call or contact me online.
Today's Negligence Claims
In the 1970s, a teacher at a Catholic school in St. Louis decided to keep a lighted candle on her desk during the month in honor the Virgin Mary. One day, as part of a play that occur in an elementary school, a young girl with paper streamers attached to her costume to pass too close to the teacher's desk. The streamers caught fire and the girl suffered severe, life-changing burns as a result. The injury was an accident, but would not have happened without the teacher’s actions.
Although clear-cut lapses of good judgment and reasonable care still occur, today's negligence claims can also arise from less obvious mistakes. For instance, an increasingly common basis for negligence claims against schools involves the "journal writing" that students are routinely asked to do as part of their coursework. What teachers sometimes fail to recognize is that they must report information about life and death matters or serious health and safety concerns.
As part of my practice, I regularly advise teachers, administrators and other school-related officials nationwide on matters such as confidentiality, employment-related background checks and other types of issues that may give rise to negligence claims.
Legal Information, Co-Counsel and Expert Witness
Services Provided Nationwide — 502-442-2396
If you're interested in the knowledge and unique perspective I have to offer as an educator, and as a lawyer — please feel free to call me in Louisville or to contact me online with a brief description of your situation, interest or concerns.
