• Introduction
• What are Tort Laws?
  • Intentional Torts
  • Negligence Torts
• The Elements of Negligence
  • Duty to Protect
  • Failing to Exercise a Reasonable Standard of Care
  • Proximate Cause
  • Actual Injury
• Lawsuits Involving Special Education Students with Behavioral Problems
• Special Educators' Responsibilities
• Defenses Against Liability
  • Contributory Negligence
• Summary
• Table 1 Scenarios
• Table 2 Behavior Incident Report
• References
• Author's Note

ONLINE DISCUSSION

If it can be shown that a student contributed to the injury, the teacher may use a defense of contributory negligence. If the court finds that contributory negligence was present, the teacher will not be held liable. With younger students (i.e., under the age of 6), it is difficult to prove contributory negligence because the tort laws in many states hold that young children are incapable of contributory negligence. In these instances, therefore, students can collect damages even if they did contribute to the injury. If students are between 7 and 14, unless it can be shown that they are quite intelligent and mature, contributory negligence is also difficult to prove.

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