Summary

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

Teachers and other school officials may be held liable for student injuries that occur because of their actions or negligence, but this liability also applies to all other citizens and professions (Fisher, et. al, 1995). Because educators work with children, however, they are in positions where situations that may lead to liability lawsuits are more likely to occur. This is especially true of special educators who work with students, who because of their disabilities, have a greater likelihood of not recognizing danger and dangerous situations and thus being injured or injuring others (Foster v. Houston General, 1981; Mawdsley, 1993). In fact, schools, school officials, and teachers may have a heightened standard of care for students with disabilities, especially those with cognitive and behavioral disabilities (Mawdsley, 1993).Special educators should not worry needlessly about liability; however, they need to recognize the heightened standard of care the profession brings.

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