This article will highlight the details of Colombo et al. v. Bombadier Recreational Products, Inc. et al. in the context of how the three defendants could have better managed the safety and risks to their customers and their own liability. These recommendations will illustrate issues around negligence, product liability, employee training,…

In December 2009, Janette Ferguson traveled to Corpus Christi, Texas, to participate in the Harbor Lights Festival boat parade. The day prior to the festival, Ferguson spent the night on her family's sailboat that was kept in a slip on the city marina's C pier. Upon waking the following morning, Ferguson walked to the marina's bathroom facility to…

In August 2012, Barbara Fakhouri visited Ober Gatlinburg, a ski resort located in eastern Tennessee to vacation with her family. Ms. Fakhouri used a wheelchair to ambulate. Despite the absence of snow on the ground, the resort operated year-round with many amenities such as an amusement park, restaurant, lounge, and shopping center to captivate…

School districts and school bus contractors are entrusted with the most important of all road users--our nation's children. In the wake of recent newsworthy accidents and attention grabbing headlines regarding unfit bus drivers, claims premised upon school bus accidents have become increasingly tangential and, in turn, personal injury attorneys…

Providing a safe classroom and laboratory environment should be the first priority of any career-technical and technology/engineering education instructor. Doing so not only increases the opportunity for student learning, but it also keeps instructors "out of hot water" with respect to legal issues of liability. In today's litigious…

In some ways, education institutions are like any other business when it comes to insurance coverage. Property could be damaged, accidents may be blamed on negligence, and employees may be injured during the course of the workday. Traveling sports teams, field trips, and transportation responsibilities increase the possibility that something will…

A Texas court's recent ruling that allowed a negligence lawsuit to proceed against 12 former administrators at Texas A&M University has some higher-education legal experts concerned about campus officials' liability in a variety of situations, including fraternity initiations, housing accidents, and student suicides. The decision was in favor…

Background: Approximately 10-25% of child and adolescent injuries occur at school. Little is known about school-related injuries to teachers and other adults or about the direct cost of injuries to schools. This study examined the characteristics of cases involving injuries resulting in lawsuits against schools, compared cases in which schools…

Seven ways to avoid litigation are offered for the shop teacher's legal protection. (MU)

The author presents three court case studies and questions related to the cases, so that aquatic facility owners can test their liability perception. Recommendations are made in seven areas as defenses against aquatic liability. (JMK)

Compares and contrasts two recent court cases concerning injuries to school children resulting from a lack of adult supervision. Although in Louisiana the courts awarded financial compensation to the family of the injured child, North Carolina courts dismissed the claims of a similar suit. (JBM)

Lists the components of an inservice program on school safety and liability: discussions of current trends, legal terminology, specific cases, tort liability, and a safety survey of the environment and teaching practices. (Author/JM)

Preventing accidents in the first place should be the goal of school transportation directors. To do this, and limit liability, a district must (1) have a strong driver-training program; (2) check drivers' records and references; (3) provide and record maintenance of the bus fleet; and (4) spell out operating and training opportunities in…

This bulletin provides an overview of the legal principles governing the liability of school personnel for student injuries that occur off school property. A number of specific court cases are cited to illustrate the various factors and relationships that the courts have considered significant in such cases. Examples are given of cases involving…

The author presents 11 basic techniques, procedures, and safety practices to form the nucleus of a professional standard of care for the safety of students, spectators, and recreationists in schools, sport complexes, schoolgrounds, community buildings, and parks. (MT)