Like other professionals, teachers need to maintain conduct due to their training and experience. It is also because they occupy a trust position that they must exercise care, advice, and teaching.
Filing an action against a teacher can be a difficult decision. These decisions require an understanding of what the teacher has failed or failed to meet the appropriate standard of care or whether a conflict of interest has been committed.
It is essential to differentiate between what may be professional misconduct or child misbehavior, as examples:
- Students who physically attack the teacher
- Students screaming
- Students are hitting each other.
- Students who destroy furniture and other equipment in the classroom.
At times, these student misconduct can be confused with the teacher’s negligent behavior.
Ontario law requires that teachers perform some functions from a parent’s perspective, acting as a firm, thoughtful, kind parent with the role of disciplining students. The law provides that the following principles must be considered:
- The younger the student’s experience, the closer the teacher’s supervision should be
- The greater the number of students in the same environment, the lower the charge for each student’s necessary supervision.
- The worse the condition of the equipment, the greater the risk of injury.
Considering these principles’ performance, it is considered that the teacher’s obligation is not to act negligently, without due care and attention. Something different that can be considered professional negligence or teacher negligence.
If you believe that you may have teacher negligence, contact one of our experienced, skilled negligence lawyers. We can help you. Call us today – 416-221-2221