Tort liability of Illinois school districts, boards of education, and school personnel for student injuries.

摘要

This dissertation analyzes all Illinois statutes and court cases which pertain to school district and school employee liability for student bodily injuries. Conclusions, recommendations, and guidelines are provided which may assist school districts and their personnel in reducing their liability for student injuries with regard to the following categories: Supervision of Students, Provision of Equipment to Students, and Premises Liability. The statutory provisions analyzed include 105 ILCS 5/24, 105 ILCS 5/34-84a, and certain provisions of the Tort Immunity Act, 745 ILCS 10/1-101 et al.; The legal theory underlying supervision cases is that a teacher has willfully and wantonly breached his or her duty to properly oversee an injured student's movements, and that this breach of duty was the proximate cause of the student's injuries. In order to be found liable, the school employee must have acted willfully and wantonly. If the employee is liable, the district would be vicariously liable.; The legal theory which underlies equipment cases involves allegations that school districts have negligently violated their duty lo provide equipment to students. School districts may be held liable and will not be afforded protection under section 214-24 and section 34-84a for their negligent failure to provide a student with equipment necessary to safely participate in all school activities.; The legal theory which underlies premises liability cases generally involves allegations that school districts have negligently violated their duty to properly maintain their property. Under current precedents, school districts may be held liable, and will not be afforded protection under section 240-24 and section 34-84a, for their negligent failure to properly maintain their property. However, a provision of the Tort Immunity Act has been determined at the appellate level to provide districts with immunity from liability for their negligent acts.