Liability with respect to schools and school employees is generally based on the legal theory of negligence. Negligence has been defined as: the omission to do something which a reasonable person would do or the doing of something which a prudent and reasonable person would not do; the failure to exercise ordinary care under the circumstances; conduct that a reasonably prudent person should realize involves an unreasonable risk of causing invasion of another’s interest; or, a failure to do an act that is necessary for the protection or assistance of another.
For a plaintiff to prove negligence, generally, four elements must be proven: Read more…
Monique Kleinfinger and her daughter Samara, 12, recount how she was hit by a half-dozen other students at A.E. Wright Middle School on Nov. 20. “They seemed to think it was a big, funny joke,” Samara said.