Duty of Care
Principals and teachers have a legal duty to protect students in their care from risks that are reasonably preventable. Such duty cannot be assigned to another party.
In addition to their professional obligations, principals and teachers have a legal duty to take reasonable steps to protect students in their charge from risks of injury that are reasonably foreseeable.
Although the general duty is to take reasonable steps to protect students from reasonably foreseeable risks of injury, specific (but not exhaustive) requirements of the duty involve:
- providing adequate supervision in the school or on school activities
- providing safe and suitable buildings, grounds and equipment
- implementation of strategies to prevent bullying
- ensuring that medical assistance is provided to a sick or injured student.
The teacher’s duty is greater than that of the ordinary citizen in that a teacher is obliged to protect a student from reasonably foreseeable harm or to assist an injured student, while the ordinary citizen may choose to do nothing in a similar situation.
The duty is non-delegable, meaning that it cannot be assigned to another party.
You may be the subject of litigation.