Philippine E-Journals

Liability Issue: Torts and Damages in an Education Setting

Juris Bernadette M. Tomboc

 

Abstract:

"Negligence is the most frequently cited basis for a claim for damages in an educational setting. Three kinds of negligence may form the basis of a claim, thus: contractual negligence, civil negligence and criminal negligence. In an educational setting, the possible bases of liability by teachers, school administrators and institutions for negligence are: (a) civil liability by teachers and school administrators for damages caused by their own acts or negligence; (b) civil liability for Injuries caused by persons in their custody or employment due to their negligence in supervising them or their failure to take appropriate measures to prevent injury; (c) civil and criminal liability by teachers and school administrators for material damage caused by their own reckless imprudence or gross/inexcusable lack or care in doing or failing to do something; (d) subsidiary civil liability for crimes committed by persons their custody and in the discharge of their duties: and (e) civil liability for breach of contract If they fail to take adequate steps to safeguard students' life and limb. This article discusses the foregoing bases of liability."