Reference no: EM132225215
Since the teachers were responsible for watching the students while they played on the playground, then yes, the teachers can be held liable for any harm that comes to a student on the playground because of a lack of supervision. When a teacher accepts the responsibility of watching students, even on a playground, the teachers are acting in loco parentis (p.157). This means that this places an obligation on the teacher on the teacher to take care of the students and make sure the school environment is safe and conducive for students. When teachers take on loco parentis., this means they will act in place of the parents at school. So if the teachers supervising the students was hindered because they were distracted by talking and visiting with each other then the teachers can be held liable or found negligent.
In order for the court to rule that there is neglect, the court must prove that the teachers agreed to supervise or watch the students and they did not properly monitor the students. Finally, the court must prove that the student's injury was due to the lack of attentiveness by teachers. Teachers have a duty to protect children from any foreseeable dangers. "Foreseeability is a crucial element as the ability of the teacher pr administrator to predict or anticipate that a curtain activity or situation may prove harmful to students" (Essex, 2016, p. 158).
Administration, faculty and staff must create a committee with various view points concerning playground supervision.
Develop a set of guideline and rules for teachers, staff, and faculty to follow when supervising students on the playground.
Set guidelines or rules for students to follow while on playground and the use of equipment.
Train teachers, staff and faculty about proper use of equipment and then relay this to students.
Create a set number of teacher to student ratio for playground.
Have teachers, faculty and staff to do an inspection of the playground area and equipment before students can play.
Have a plan of action if and when a student is injured on the playground.
Have a risk management policy set up and kept up to date for all employees.