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Old 10-18-2006, 06:24 PM   #31
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Originally posted by Dreadsox
So, I as a school administrator should be free from liability if someone gets hurt?
To me it seems most logical to treat it just like any other tort involving negligence. If the school is directly responsible for the injury because of some negligence, then maybe the school is liable. For example, if a kid is going across monkey bars but a bar is loose, breaks off, the kid falls and breaks an arm, the school would be liable b/c the playground was not properly maintained. But, if a kid is playing tag, trips (was not pushed and didn't trip over any actual object), and breaks his arm, the school shouldn't be liable. Once's a tort subject to litigation, the other is just an accident.

I'm not sure how it works with schools, but this is how it works at gymnastics clubs. If a kid gets injured because of "equipment failure" or because of a coach's negligence, the gym is responsible. If a kid who has been taught countless times NEVER to put her hands back if she lands on her butt does it anyway and snaps her elbow, that's her fault.
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Old 10-18-2006, 06:29 PM   #32
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Someone official does ultimately have to be the responsible party when legal action is pursued, of course. I think what most of us are lamenting is that the propensity to litigate has become widespread enough to necessitate such strict preventive rules in the first place.
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Old 10-18-2006, 06:40 PM   #33
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Originally posted by LivLuvAndBootlegMusic


To me it seems most logical to treat it just like any other tort involving negligence. If the school is directly responsible for the injury because of some negligence, then maybe the school is liable.
So hypothetically, maybe the playing field in which tag is being played is stone as my other schools playground was. The stone constantly got on the tar surrounding the playground. I would not allow tag because the playing environement would lead there to be cause for injury.

Lets say someone gets hurt, subpoena's the nurses records and finds that there are 5-10 injuries weekly due to TAG. I have allowed it to continue and their child unfortunatly breaks a leg, arm, ect in a spot that could potentially lead to extensive physical therapy. Should I be liable.

WE are commenting on a situation where we do not know the facts, environment, staffing, ect....To adequately judge the rediculousness of this.
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Old 10-18-2006, 06:46 PM   #34
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Quote:
Originally posted by Dreadsox


So hypothetically, maybe the playing field in which tag is being played is stone as my other schools playground was. The stone constantly got on the tar surrounding the playground. I would not allow tag because the playing environement would lead there to be cause for injury.
And I would agree. We had this problem in grade school. Our playground had a cement/tar lot and we hadn't raised enough money to put playground equipment on it yet. Most kids would play soccer at recess, but we had to stop completely b/c it was too dangerous to play sports on the cement (said the admin). Instead, they bought a lot across the street and made a grass field where we could play soccer, Blob, Red Rover, tag, whatever. We even had appointed Safeties where you could cross the street.

Personally, if I were an administrator and knew most of the kids enjoyed playing tag, or something similar, I would have an intramural so they could play in the gym and be monitored.
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Old 10-18-2006, 08:39 PM   #35
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Originally posted by LivLuvAndBootlegMusic

Personally, if I were an administrator and knew most of the kids enjoyed playing tag, or something similar, I would have an intramural so they could play in the gym and be monitored.
By intramural I am assuming you mean after school....

The first recess in my school is at 10:45 the last is at 12:45...

The Gym is occupied by classes being conducted during this time. So it would not be at recess time.

After school would require the money to pay a staff member.
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Old 10-18-2006, 09:14 PM   #36
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No, you should not be able to waive liability as a school official and under tort law you cannot waive liability for anything which is seen as part of your professional duty.

To suggest anything else would be rewriting hundreds of years of tort law.

Quote:
To me it seems most logical to treat it just like any other tort involving negligence. If the school is directly responsible for the injury
That's not what the law of torts of negligence is concerned about; in fact it is the opposite.
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Old 10-18-2006, 09:37 PM   #37
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I'd feel great if they were keeping bullying and fights off. That would be more than most schools can say.

Banning tag? As a parent, if you feel your child is in danger from playing tag, you need to rethink your beliefs, because your kid will be held back by that.
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Old 10-18-2006, 11:11 PM   #38
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Quote:
Originally posted by Dreadsox


By intramural I am assuming you mean after school....

The first recess in my school is at 10:45 the last is at 12:45...

The Gym is occupied by classes being conducted during this time. So it would not be at recess time.

After school would require the money to pay a staff member.
I meant during long recess. If enough kids seemed interested in a sport or other organized activity, we'd have the option to play it inside (the gym) during long recess. Sometimes, there'd be a game like Blob that would become popular and everyone would play, but since we weren't allowed on the cement, they'd make it intramural so you could sign up and play indoors. If you didn't sign up, you went outside like everyone else. Otherwise, no kids were allowed inside during recess (unless it was pouring or the windchill too low). We never had intramurals after school. Like you said, it's too expensive so if we wanted them, we could sign up at the public school across the street.
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Old 10-18-2006, 11:21 PM   #39
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Quote:
Originally posted by yolland
I think what most of us are lamenting is that the propensity to litigate has become widespread enough to necessitate such strict preventive rules in the first place.
Yup.

As a teacher I understand them making the rule they did. But I think it's not the killjoy school that has the problem. It's the sue-happy society that's the problem.

If people are saying to the schools/adminstrators--"We don't care if you get sued. That's your problem. Let the kids have fun!" then that shows a real lack of empathy for the position schools are placed in today.
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Old 10-18-2006, 11:33 PM   #40
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I SERIOUSLY think that this litegagious (sp? mmm) world people are living in, is just absolutely abhorant! Soooo your kid falls over and breaks his arm, it costs a couple of hundred dollars to get it set for 6 weeks and maybe one or two physio appointments to work it afterwards if its needed. So maybe $500 to a $1000. So k, if you're asking the school just to cover medical bills, cause you're pov, but most cases its like a honey pot and parents seem to greedybastards.

I agree with an earlier poster, if you don't let your kids get hurt, get sick, eat some dirt, cut themselves with scissors, fall out of a tree and break their leg etc how do they build a resistance, how do they learn and understand things?

I've done the most dangerous things as a kid, we climbed on the roof of the house to jump into pools, we had people jumping on trampolines with a hose and slipping off and falling on the ground, at school we used to slide down the slide and smash into the kid at the bottom, or climb on top of the flying fox and hang upside down and i never got really hurt (yeah i ripped my leg up bad on a nail once) but we were kids. GET OVER IT!
*shakes head*
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Old 10-19-2006, 01:43 AM   #41
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Next up...

Banning paper because of paper cuts
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Old 10-19-2006, 02:42 AM   #42
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Just think of the great "When I was your age" stories we will have for all the kids.

When I was your age, I played.................TAG!!!! (ominous music)

Meh, not quite the same as walking 5km through a snowstorm in newspaper boots.
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Old 10-19-2006, 06:41 AM   #43
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Quote:
Originally posted by LivLuvAndBootlegMusic


I meant during long recess.
I have no idea what long recess is in an elementary school. The schools I am familiar with get on 15 minute block of recess.

Again, there are classes in the gym being conducted by the Physical Education teacher.
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Old 10-19-2006, 06:43 AM   #44
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Quote:
Originally posted by phillyfan26
I'd feel great if they were keeping bullying and fights off. That would be more than most schools can say.
I am personally teaching lessons in class and working with kids on this issue. Many people do not understand that the victim, the bully, and the other students are contributors to bullying. They kids need to learn the skills to help make it stop.
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Old 10-19-2006, 09:33 AM   #45
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I think it is micromanaging, and teaching kids to fear anything and everything. It's irrational and subjective fear, rational fear is diffiicult enough to deal with. Kids have enough to truly fear these days without fearing tag, it's sad and unhealthy. I am glad I got to really be a kid and be carefree when I was. It makes me feel so old to say "I remember the days", but I do.
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