Playing Smart changelabsolutions.org | kaboom.org 55 Liability fears can have a chilling effect on joint use partnerships. Some school districts are reluctant to open school property after hours because of concerns about the legal risks associated with injury or property damage. Chapter 5 Liability The good news? These risks are often exaggerated, and there are many protections available to schools to help limit and manage the risks they do face. Keep in mind that schools face liability risks all day long: there is always potential for property damage or injury to students, staff, or visitors. Schools already deal with these risks, and the measures they take to protect themselves during the school day – particularly in terms of risk prevention – help them after hours as well. In this chapter we offer a very basic introduction to liability concepts, intended to help people who aren’t lawyers talk about the appropriate role of liability concerns when it comes to expanding access to physical activity. (Liability laws vary greatly from state to state. For more detailed, state-specific information, see www.nplan. org/nplan/products/liabilitysurvey. For information specific to your own situation, contact an attorney in your area.81) This chapter provides a summary of general liability concepts and the different kinds of protections that schools are granted under state law, as well as protections schools can put into place contractually to help limit their liability exposure. We also offer some practical approaches to getting beyond the hurdle that liability can present. Basic Liability Principles To understand the concerns schools and other public agencies may have, it is helpful to have a basic grasp of what is known as negligence tort liability. A school district or city may be concerned about being liable, or legally responsible, for a tort – the legal term for property damage or an injury or death. When people talk about “being sued,” they are usually referring to being sued in tort. In a tort lawsuit, a plaintiff (the person injured) brings a lawsuit against a defendant (the person or entity the plaintiff believes is responsible for the injury). If the court finds the defendant “liable in tort,” the defendant must compensate the plaintiff for the injury or harm by paying damages (money) or changing the conditions that caused the harm. For children and others who are injured because of carelessness on the school’s part, the legal system affords an opportunity to right a wrong.
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