TORT LIABILITY

FRED ROBERTS MIDDLE SCHOOL

WHAT IS TORT?
Tort- A wrongful act or an infringement of a right leading to civil legal
liability.
Intentional Tort- A deliberate act committed against another person.
Unintentional Tort- A wrong perpetrated by someone who fails to
exercise the proper degree of care in doing what is otherwise
permissible.

HOW DO I KNOW THE DIFFERENCE?

INTENTIONAL

Assault- An offer to use force in a hostile manner that causes

apprehension.

Battery- Occurs when physical contact takes place.

Defamation- Occurs when false statements are made about

another person.

Libel and Slander- Libel is considered written defamation while

slander is considered oral.

UNINTENTIONAL

Negligence- The
failure to exercise a
reasonable standard of
care that results in
harm or injury to
another person.

SCENARIO 1
A student and teacher are in a verbal altercation. During the altercation, the student
becomes very upset and acts as if he/she is going to shove the teacher. Out of anger
the teachers grabs the student by the arms and pins him/her to the wall.
What is this considered?
This is considered battery, an intentional tort. The teacher intentionally pinned
the students to the wall, which is a hostile form of physical contact.
How can I prevent this from happening?
If you find yourself in a situation where a student is becoming verbally
aggressive, do not engage in the verbal altercation. If needed, find an administrator
to help you with the situation. Remember to take a step back and breathe!

SCENARIO 2
During science lab, students were dissecting frogs. In order to dissect the frogs the students
were using scalpels. Instead of actively monitoring the lab, the teacher was sitting at her desk
checking emails. One student began horse playing and ended up accidently stabbing another
student.
Is the teacher responsible?
Yes! The teacher should have been involved in the lab and actively monitoring the
students. Due to her lack of monitoring, students were put in danger. This is considered
negligence, a type of unintentional tort.
How can I prevent this from happening?
Please be sure to monitor students at all times and not leave them unattended. It is our
duty to keep the learning environment safe.

GENERAL GUIDELINES
Monitor students at all times, do not leave them unattended.
Monitor hallways and restrooms during passing period.
Report any suspicious activity or persons on campus immediately.
Treat students with respect.
Keep student information confidential.
Do not lay hands on a student.
When in doubt, always contact an administrator!