Playing Smart changelabsolutions.org | kaboom.org 57 2. Breach: The defendant must be negligent, having acted unreasonably in exercising its duty of care. In other words, the defendant must have breached, or violated, the duty it had to take reasonable precautions to prevent injuries to people who are legally on the property. To determine whether the school district breached its duty to Sherida, a court would consider (1) the measures the school used to carry out its duty to take precautions to keep its grounds safe and (2) whether those measures were reasonable. What did the school do to prevent injuries on its property? Was there something the school could have done to prevent this accident? Sherida’s parents might feel that the school should have cleaned up the schoolyard and removed the branch, because a fallen tree branch presents a hazard to children. But if the branch had fallen during a rainstorm the night before, it might not be reasonable for the school to have inspected within hours of the storm. If the case went to trial, both sides would present facts related to the accident to the court, which would likely include a jury. The jury, with the judge’s guidance, would apply the law to the factual evidence presented to determine what constitutes reasonable care in this situation. 3. Causation: The defendant’s negligent conduct must have been the cause of the plaintiff’s injury. In Sherida’s case, there may be multiple causes. Did the school’s failure to remove the branch cause the accident? The branch snagged Sherida’s bike wheel and caused her to fall off her bike. But was Sherida distracted by listening to her MP3 player while riding her bike? If she had been more focused, would she have avoided the branch? Perhaps her inattention caused the injury. Again, if this case went to trial, the jury would weigh the evidence to determine State law governs injury claims against school districts and other public agencies. Liability laws differ substantially among the states, particularly with regard to the legal protections that state laws afford public schools and other governmental agencies. In what’s known as a negligence tort lawsuit – negligence being a type of tort – a plaintiff alleges that a defendant had a responsibility to act with care, violated its responsibility in some way, and caused the plaintiff harm. Although tort law is made by each state, the basic elements of the tort of negligence are the same across all 50 states. Consider this hypothetical scenario. One rainy day, Sherida Jones, a 12-year-old girl, is riding her bicycle to school while listening to music on her MP3 player. She rides through the school gates, bopping to the music. A small tree branch had fallen during the night, and Sherida doesn’t see it. When her front wheel hits the branch, it sends her flying off her bicycle. She lands on the asphalt and breaks her arm. Her family sues the school. For the school district – the defendant in the lawsuit – to be found “liable in tort” for an accident like this, five factors must be present: 1. Duty: The defendant must have a duty – a legal obligation to use care – toward the plaintiff. School districts generally have a legal duty to take reasonable precautions to prevent injuries to those who are legally on their property. For Sherida (the plaintiff in this case), the school district likely had a legal duty to use care in making sure that the school premises were safe for students. The legal standard of care, how it is measured, and how it is applied to this particular situation would depend on the laws of the state where the accident happened.
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