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Previous by Date: Subject: Re: [aihaih-list] Confined Space Rescue Date: Sat, 7 Oct 2006 15:58:43 -0400 Author: Chris Marlowe |
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Even if the teacher isn't sued, what about the Department the teacher works for? Safety and health relate to loss prevention. And what if the teacher isn't covered by E&O, then the teacher has to mount his/her own defense whether the judgement goes against the teacher or not. I can see providing kids with things like goggles and aprons, but not something as sophisticated as a respirator. I wore stuff like that when I took high school and college Chemistry. Some training more than "put these on" and instruction is needed following the lead of 29 CFR 1910.132 which calls for certificating the training. >I consulted for the plaintiff in a recent AZ case where the district >and middle school teacher were successfully sued. The teacher (who >basically had zero chemistry background) decided that he would >demonstrate sublimation and energy by sealing dry ice and water >inside plastic soda bottles... That's what I would call Bomb >Building 101. > >Long story short (I'm going to write it up for J Chem Ed when I get >a chance), a student lost an eye. > >No doubt the plaintiffs could have collected quite a large sum, but >it settled out of court (terms not disclosed...). I suspect there >other student injury cases involving chemical safety issues and >tort, but the incidents are quitely settled rather than proceeding >before the suits are formally filed. [Personal aside: I have a real >problem with any lawsuit being settled without publicly disclosing >the terms....it leads to cover-ups of product safety issues] > >Obviously, the case I discussed here is an extreme example of >someone doing something (in my personal and professional opinion, >for any libel lawyers hanging out here) incredibly stupid and >outside normal practices (not mention that construction of such >devices is a felony in AZ). But it demonstrates that instructor >lawsuits can happen, particularly when one recognizes that many >teachers teach classes outside their abilities or formal training. > >Rob > >>There's been a fair amt of concern abt lawyers and liability. I >>practice law - part time now, formerly full time in Va Atty Gen'ls >>Office. >>In Virginia, as I suspect in most states, sovereign immunity >>shields public school teachers from common law tort liability. In >>the 30 years I've had a license to practice law, I've never heard >>of a successful suit against a public school teacher for a purely >>teaching related activity. Racial or other discrimination, sexual >>misconduct, etc., claims yes - tort liability - no. >>But the law varies some from state to state. This would be a good >>issue for the CHAL [law] section to give a symposium on at an ACS >>national mtg. >> >>R. Leonard Vance, JD, Ph.D., PE, CIH >>Associate Professor >>Department of Epidemiology & Community Health >>Virginia Commonwealth University/MCV Campus >>1008 East Clay Street, "Grant House", Room 324 >>Box 980212 >>Richmond, VA 23298-0212 > > >-- > ===================================================== >Safety Emporium - Lab & Safety Supplies featuring brand names >you know and trust. Visit us at http://www.SafetyEmporium.com >esales**At_Symbol_Here**safetyemporium.com or toll-free: (866) 326-5412 >Fax: (859) 523-0606, 4905 Waynes Blvd, Lexington, KY 40513-1469
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