Safety at School
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Submitted by Oatley Vigmond Associate Rayanna Hamadi, August 2022
Parents place a lot of trust in schools to keep their children safe during the school year. Everyone working with the school — from the School Board to bus drivers — play important roles in keeping students safe. Not only do they need to protect students from physical danger — they also need to keep students safe from threats like bullying and discrimination.
But, there is no expectation that those who are supervising students will keep students perfectly safe. Rather, the general expectation is that the supervisors will look out for the safety of students in the same way that a careful parent would look out for a child’s safety.
Each person involved in the school system has a unique role to play in keeping students safe. When it comes to school safety, it can be helpful to understand the big picture by considering the case of Sarah Little (Little v Floyd Sinton):
In June 2011, Sarah was heading home on a school bus after finishing her last day of grade 8. Sarah had been taking the school bus home for many years. She knew there was a tradition for students who had just finished grade 8: they would jump out of the back door of the bus. Having seen many students make the same jump, Sarah followed suit and jumped out of the bus. Sadly, Sarah suffered a life-changing head injury when she jumped, somersaulted, and hit her head on the pavement.
Sarah sustained multiple skull fractures and doctors predicted she will be unable to work or live independently for the rest of her life. Oatley Vigmond’s office fought to help Sarah get compensation for her injuries.
At the time of Sarah’s jump, she was under the care and control of the bus driver. This bus driver was aware that, for many years, students were jumping out of the back door of the bus. The driver was also well aware of the dangers associated with the students jumping. Students could get injured by the force of the jump — which is exactly what happened to Sarah, and they could also be injured because they were jumping on to a road where other drivers would not be expecting them.
Two issues that came up during the lawsuit were (1) proving that the school bus driver had a responsibility to keep Sarah safe and did not do so, and (2) defending against the claim that Sarah should have known not to jump out of the bus.
The jury found that the school bus driver was responsible to keep Sarah safe but failed to do so. In particular, the driver was required to follow the clear expectations set out in school bus company’s handbook which included reporting re-occurring unsafe acts to the school.
In Sarah’s case, the school itself was not responsible for Sarah’s injuries because the principal had no knowledge of the students’ dangerous tradition. The principal testified that she would have put the tradition to an end if she had been aware. She explained that the school could have taken measures to prevent students jumping such as holding school assemblies on bus safety or suspending bus privileges.
While the school bus driver was mostly responsible for Sarah’s injuries, the jury found Sarah shared some responsibility. The jury found the bus driver was 75% responsible for Sarah’s injuries while Sarah was 25% responsible.
Even after deducting some of Sarah’s award, to reflect that the jury found she was partially at fault for her injuries, Sarah obtained a judgement over $7,000,000.00, plus additional funds to help cover the cost of going to Court. Given the severity of Sarah’s injuries and her young age, this money can be managed properly to help her have a good quality of life despite her impairments.
This case demonstrates that there is rarely just one person responsible for keeping students safe. It is a team effort that takes cooperation and communication between students, parents, educators, and third parties. When students do get hurt, complex litigation to ensure they get fully compensated can arise. If you or someone you know has suffered an injury on school premises or during school activities, you should call an experienced personal injury lawyer immediately.
Educators’ Responsibilities to Keep Students Safe:
Teachers’ Duties:
- Maintain order and discipline during all school activities. This includes maintaining order and discipline when students are indoors, outdoors and even on field trips.
- Perform safety procedures, such as taking attendance and filling out incident reporting forms.
- Supervise students when the Principal assigns them supervision duties.
- There is no expectation that teachers keep students perfectly safe. Rather, the general expectation is that teachers will look out for the safety of students in the same way that a careful parent would look out for a child’s safety.
Principals’ Duties:
- Maintain order and discipline during all school activities.
- Make sure students are supervised anytime school buildings and school yards are open to students and during any Board-authorized school activities (such as field trips and sporting events).
- Organize and manage the school with a focus on the health and comfort of students. This responsibility comes from the following passage in Ontario’s Education Act:
Give assiduous attention to the health and comfort of the pupils, to the cleanliness, temperature and ventilation of the school, to the care of all teaching materials and other school property, and to the condition and appearance of the school buildings and grounds.[1]
Boards’ Duties:
- The Education Act is the main source of law governing public schools in Ontario. The Education Act covers topics including transportation of students, qualification of teachers, and discipline of students. The Boards of Education must make sure that their schools comply with the Education Act. You can read the Education Act by following this link: https://www.ontario.ca/laws/statute/90e02
- The Boards are the owners of school property. This means they are ultimately responsible for making sure school buildings, playgrounds, and yards are reasonably safe, free from hazards, and “up to code”.
Private Schools:
- Private schools are not subject to the same regulations when it comes to providing a safe environment. But, they still have a duty to keep students reasonably safe when students are participating in school activities or on school property.
Children and Parents:
- Students and parents have their own roles to play in keeping schools safe. This can include following school safety rules, showing up for school dressed for the weather/activities, and supervising students in the playground outside of school hours.
- Parents should make sure that their child’s school knows about any special care their child requires.
- Parents should communicate with their child’s school to understand how they can help keep students safe.
Other Caregivers:
- School boards often hire private companies to provide services to their students. For example, they may hire transportation companies to take students to and from school and catering companies to provide students with hot lunches.
- These companies and their staff also have duties to keep students safe.
- Their responsibilities can include supervisory duties and duties to report incidents to the school board and/or parents.
- The exact responsibilities of these companies are often set out in their contracts with the school boards.
[1] Education Act, s. 265(1)(j).
Injuries to children most often take place when there is improper supervision at the hands of trusted adults or companies, and can occur in the following situations:
- School trip incidents
- Faulty equipment accidents
- Swimming pools
- Motor vehicle accidents
- Defective car seats, toys and other products
There are complex requirements and restrictions in place to handle litigation where children are plaintiffs. Not only do children require litigation guardians, but courts are also required to ensure that any settlement is made in the best interests of the children. It takes knowledgeable lawyers who understand these restrictions and who are dedicated to doing the best for the child.
Lawyers of PIA member firms are not only focused on obtaining the financial recovery your child requires, we are also determined to help your child get the maximum rehabilitation in place, so he or she achieves as well as possible in school and beyond. We work with your child from the very beginning of his or her injury throughout treatment. We stay in close contact with your child’s pediatric neurologists, neuropsychologists, education specialists, speech-language pathologists, primary care physicians, and others. If a case manager has been assigned to your child’s case, we also work closely with that individual to ensure treatment is not duplicated or set back at any point.
Learn more about the firms of the PIA by visiting their profiles at www.ehkidshealth.com
