Playing Smart changelabsolutions.org | kaboom.org 58 Normal measures that schools take to prevent injuries during the school day serve the same purpose after hours. Taking these measures also makes it less likely that a school would be liable if an injury occurs. whether the school’s failure to clean up the yard caused Sherida’s accident. 4. Damage: The plaintiff must have suffered a quantifiable injury or damage because of the defendant’s negligence. In other words, the plaintiff must have been harmed by the conduct or condition about which she is suing. Here, Sherida fell off her bike and broke her arm. She was injured in the bike accident and likely had to pay to be treated, so she suffered damages. 5. Defenses: The defendant must have no defense or immunity – that is, a legal reason why the defendant is not liable for the harm. Many states’ laws limit school districts’ and public entities’ liability by giving them immunity or other defenses against lawsuits. (There are also defenses from liability for individuals and private entities.) If Sherida’s bike accident happened in a state with strong legal protections for schools, the school might be immune from liability. This means that even if Sherida’s case met all four of the requirements outlined above – the school owed her a duty, it breached its duty by acting negligently, and in so doing caused her to suffer damages – the school district could still be protected from having to compensate Sherida for her injuries. Immunity and other legal defenses will be explored further in the next section. It is important to remember that most individuals, government agencies, and businesses in the United States face some risk of liability as they carry on their daily lives and business. Generally, the law requires people to conduct themselves with ordinary or reasonable care when acting – for example, using reasonable care not to injure other people when driving. In the school context, schools must use reasonable care when maintaining their property to prevent students, teachers, staff, and visitors from being injured. A school that leaves a gaping hole in the ground or allows the use of swings that are not securely attached is likely not exercising reasonable care. Fortunately for advocates pursuing joint use agreements, the measures schools take to exercise reasonable care
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