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Teacher Duty of Care when PE is taken by 3rd Party Outside School

  • 09-12-2017 7:49pm
    #1
    Registered Users, Registered Users 2 Posts: 1,073 ✭✭✭


    Who would be liable if an Injury occurs during a PE class that takes place outside school property and delivered by someone who is not on the teaching staff, Parents were unaware of this.

    The class teacher remained at the school.


Comments

  • Registered Users, Registered Users 2 Posts: 3,366 ✭✭✭campo


    I would imagine the school would be liable


  • Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    Obvious question but why are students being taken off school grounds during PE by someone who is not school staff?

    During school hours the school are responsible for the children and must take due care for them, allowing a non member of staff take them off school grounds is really irresponsible and they leave them self open to lawsuits for any injury occurred


  • Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    TimHorton wrote: »
    Who would be liable if an Injury occurs during a PE class that takes place outside school property and delivered by someone who is not on the teaching staff
    If not on the teaching staff, who vetted them?


  • Registered Users, Registered Users 2 Posts: 1,073 ✭✭✭TimHorton


    the_syco wrote: »
    If not on the teaching staff, who vetted them?

    Not sure but I would be assume that the person was vetted.


  • Registered Users, Registered Users 2 Posts: 40,291 ✭✭✭✭Gatling


    A bit more detail might help op

    Is this a regular thing organised through the school ,like going to a local centre for a specific sport or activity not available in the school


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  • Registered Users, Registered Users 2 Posts: 1,073 ✭✭✭TimHorton


    Gatling wrote: »
    A bit more detail might help op

    Is this a regular thing organised through the school ,like going to a local centre for a specific sport or activity not available in the school

    Location is adjacent to school, No notes home re: Who/Where the PE was taking place , Teacher walked class over to location and left them there with 3rd party as teacher had to return to school to supervise another sick pupil.
    Accident took place and injured pupil was escorted back to school by another pupil.


  • Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    TimHorton wrote: »
    Location is adjacent to school, No notes home re: Who/Where the PE was taking place , Teacher walked class over to location and left them there with 3rd party as teacher had to return to school to supervise another sick pupil.
    Accident took place and injured pupil was escorted back to school by another pupil.
    The location should have insurance. If not, sh|t gets real


  • Registered Users, Registered Users 2 Posts: 2,342 ✭✭✭seagull


    It would be interesting to know what happens to any school insurance policy in the absence of the teacher. There's typically some degree of cover for activities off the school premises, but would it be invalidated by the teacher not being there?


  • Registered Users, Registered Users 2 Posts: 6,548 ✭✭✭Claw Hammer


    If the injury happened through negligence, the school would be liable. It would be up to the school to join any other party it may feel caused or contributed to the injury. The school would have to hope that its insurance cover was adequate and that it complied with the terms of the policy. It can well happen that children are brought to a swimming pool where there are trained lifeguards on duty and a teacher is not present the entire time. Unlikely the school would be negligent if an accident happened in the swimming pool. Every case would have to be judged on its facts.


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    TimHorton wrote: »
    Location is adjacent to school, No notes home re: Who/Where the PE was taking place , Teacher walked class over to location and left them there with 3rd party as teacher had to return to school to supervise another sick pupil.
    Accident took place and injured pupil was escorted back to school by another pupil.

    Mod:

    If you are looking for legal advice regarding liability relating to an actual event that happened, then this thread will be closed due to breach of forum charter.

    Hypothetical discussion only, please.


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