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The courts would try to determine whether the teachers knew or should have known of an impending danger and if steps were taken to protect the students. An unintentional tort does not require proof of intent. Liability charges may be filed if it is shown that the teachers failed to act appropriately in the situation. Foreseeability to key in liability cases. Should the teachers have anticipated that the situation could be harmful to students. Any time students are at recess, there is a large possibility that someone will get hurt. I think it will come down to the positioning of the teachers. Were they facing opposite directions while talking? Were the students already fighting before this incident? How far were the children in rational to the teachers? I believe these would matter to the court. If charged, I also believe the three would be equally liable. Ideally, the teachers would be positioned in opposite areas of the playground.
Guidelines for playground supervision:
Go over the playground rules and expectations with the students the first week of school (how to use the equipment, playing ball safely-no tackling, if its on the ground leave it on the ground).
Student to teacher ratio should be no more than 30:1.
Teachers should have walkie talkie or other form of communication at all times to communicate with the office.
Teachers should be strategically positioned throughout the playground so that there are no blind spots.
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