A tort is an actionable wrong, other than breach of contract, that the courts will recognize and intervene to equalize. There are three questions the court will ask: Did someone owe someone else a duty? Was there a breach of duty owed? Was the breach the proximate cause of the plaintiff's injury? The grounds for injury actions may be classified as…

Discusses Indiana High School Athletic Association rule requiring that athletes play in 50 percent of team's regularly scheduled contests to be eligible for state tournament. Examines Indiana case and argues rule should be changed or eliminated. Proposes adding injury exception, publicizing athletic association rules and interpretations, and…

Contains a summary of workers' compensation legislation enacted by individual states in 1981. Higher benefit levels, broader coverage, and improved medical and rehabilitation services are among the actions taken by states to provide better protection for injured workers. (Author)

Discusses effectiveness of requiring students and parents to sign forms waiving schools' liability for students' sports injuries. Articulates rationale behind waivers and discusses recent cases in which courts invalidated waivers as violating public policy. Argues waivers are valid, enforceable contract against parents and do not violate public…

Passage of the Toy Safety Act of 1984 (S.2650) would allow the Consumer Product Safety Commission (CPSC) to order the immediate recall of toys and children's articles that create a substantial risk of injury to children. The CPSC would no longer be required to issue a final rule banning a hazardous toy or article before it may begin a recall…

The emphasis of this chapter is on the tort liability of principals, especially their commission of unintentional torts or torts resulting from negligent conduct. A tort is defined as a wrongful act, not including a breach of contract or trust, which results in injury to another's person, property, or reputation and for which the injured party is…

This memorandum report proposes a safety standard to reduce the frequency and severity of children's impacts with the suspended members of swing assemblies and falls from slide surfaces, under conditions of normal use and reasonably foreseeable misuse. The standard applies to swings and straight slides intended for use as public playground…

Although the definition has its limitations, a tort is generally defined as a civil wrong, excluding breach of contract, that results in injury to another. Torts include both intentional and unintentional acts, and the resulting injuries may range from actual physical harm to damage to the individual's tangible or intangible property. If it is…

Examines the responsibility of care owed to students by the school when the student is off the school premises. Concludes that prudent administrators must never presume that students automatically shed the protective mantle of the school's duty of care when they leave the schoolhouse gate. (Author/IRT)

To reduce the chances of student injury and liability charges, principals should know their legal responsibilities, communicate district and school rules, provide adequate student supervision, avoid corporal punishment, advocate appropriate instructional assignments, institute staff reporting and student injury procedures, restrict private…

This hearing, chaired by Representative Patricia Schroeder, was held to find ways to reduce the number of deaths and injuries that result from fires. Testimony or prepared statements were given by Representatives Schroeder, Michael Bilirakis, Romano Mazzoli, and Curt Weldon, as well as nine other individuals involved in fire safety issues,…

Under examination at this hearing was the best mechanism for a system of compensation for vaccine injuries. Also considered was the applicability of environmental legislation to vaccines, and whether approval by the Federal Government means that a vaccine is, in effect, as safe as it could be. Statements were presented by representatives of the…

A tort is defined as a civil wrong, independent of breach of contract, that results in injury to another person who is entitled to collect damages. The array of cases handed down in 1977 indicates that the tort domain of education law remains heavily litigated. This chapter shows that student injury cases continue to dominate, although…

Ideally, playgrounds should encourage development of gross and fine motor skills and present a stimulating play environment that provides children with manageable challenges. In order to provide these challenges, a balance must be found between risk and safety. Over the last few years there has been an increased interest in the use of soft…

The legal aspects of athletic injuries could become major issue. A recent Indiana case, in which a college football player suffered an injury which rendered him a quadriplegic, is discussed. Relevant case law and the policy implications of applying worker's compensation law to scholarship athletes is discussed. (Author/MLW)