Legal Liability for Student Injuries

By Richard R. Hammar, J.D., LL.M., CPA

© Copyright 1991, 1998 by Church Law & Tax Report.  All rights reserved.  This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is provided with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service.  If legal advice or other expert assistance is required, the services of a competent professional person should be sought. Church Law & Tax Report, PO Box 1098, Matthews, NC 28106. Reference Code: m58 m86

Many private schools have been sued for injuries to students occurring on their premises or in the course of school--sponsored activities. Often, these injuries occur during school--sponsored sporting events. Occasionally, a school is sued as a result of the sexual molestation or seduction of a minor student by an adult teacher or worker. The theories of liability in such cases generally include one or more of the following: “respondeat superior,” negligent hiring, negligent supervision, and premises liability. These theories of liability are explained in Negligence as a Basis for Liability and Premises Liability.

For related information on this topic see the following articles:

Incorporation and Tax Exemption of Private Religious Schools

Proof of Nondiscrimination in Private Schools

Right to Attend Private Schools

The Distinction Between Public and Private Education

Discharge and Discipline of Students of Private Schools

Discharge and Discipline of Teachers

Application of Federal Labor and Discrimination Laws to Private Schools

Tuition Refunds

Government Regulation of Private Schools

Zoning Laws and Private Schools

Safety and Health Regulations for Private Schools

Taxation of Private Religious Schools

Child Abuse Reporting Requirements for Private Schools

Government Regulation of Child Care Facilities

“Homeschools”

Use of Public School Teachers in Private Schools