Running Head: LT1: NEGLIGENCE 1

LT1: Negligence

Katelyn DeJong, Simon Kim, Jordan Mensink, Jillian Vaz, Sung Ung Yu

University of Calgary

Werklund School of Education

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Lindsay Waterman

Duty of Care

Included in Principal/School Board section

The teacher is in charge of the students in loco parentis (GDE Family Law, 2018), acting

as the students’ guardians during school hours, in both on and off campus activities.

Standard of Care

The standard of care provided to students must be looked at through the lens of in loco

parentis (Donlevy, 2018). The transcript states that the “Transportation guidelines for Students”

of the “Trudeau High School Directive” is “discussed on the first day and reinforced throughout

the year”. As such, the teacher should be more than familiar with the guidelines outlined.

Waterman admitted to believing that the Marabelle Resort Golf Course was within the town

limits. If Waterman had been more thorough in preparing the off-campus activity, she would

have discovered that the location was outside town limits and thus violated the guidelines of

driving to facilities outside the town boundaries. Therefore, the activity itself should have been

cancelled due to its location violating the guidelines and the accident should not have taken

place.

Foreseeability

Ms. Waterman, if allowing students to use own transportation for an event within town

limits, should have ensured the car was safe in multiple measure, especially the seatbelt - which

was to be fixed, and had been mentioned previously in school.

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Causality

But for the teacher’s inability to identify the contradictions of the activity specifications

(location), the activity would have been cancelled or transportation should have been provided in

lieu, suggesting the accident was preventable.

Liability

The teacher was negligent in ascertaining the contradictions between the parameters of

the activity and the guidelines outlined in the school directive.

Damages

Irwin is a quadriplegic as a result of the accident (D2L, 2018). Waterman is severally

liable to the damages of Irwin.

Principal/School Board

Duty of Care

Through the principle of in loco parentis, meaning “in the place of the parent” (GDE

Family Law, 2018) the principal of Trudeau High School is liable for any injuries of students on

or off school property during school hours.

Standard of Care

The Standard of Care is objective, not subjective, and established through evidence at

trial (Donlevy, 2018). Through examination of the trial’s evidence, a lack of awareness on the

principal’s behalf was discovered. It is the principal’s duty to reduce risk of injury to students.

We are making the assumption that the principal would have knowledge, furthermore approved

of, said field trip and would have been aware that the field trip would have disregarded the

transportation policy, outlined on the permission slip. Further, there is also the exemption of
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Trudeau High School from the Okotoks School Board Policy which, ‘prohibit students from

driving other students to any school activity’. As stated in the Alberta School Act section [20(f)]

a principal of a school must maintain order and discipline in the school and on the school

grounds and during activities sponsored or approved by the board (Alberta School Act, 2018).

By allowing students to drive one another to and from school sanctioned activities, he/she is

increasing the chance of liability to occur. Since the principal integrated a different policy

counter to the school district, the principal should have been explicit with the policy to ensure

anything of this nature would not occur. Furthermore, the principal is responsible for all actions

by teachers under his/her employment; thus, all breaches of safety and accountability standards

would be a direct association to the principal.

Foreseeability

The principal should have disapproved of the location, or if he/she approved the location,

then proper transportation should have been provided. Foreseeability of any kind of

transportation accident could have been prevented, if Trudeau High School’s transportation was

one with the Okotoks School Board.

Causality

But for the principal’s inability to forego the field trip, or reformat the parameters of the

field trip, Irwin may have not sustained the injuries she did.

Liability

The principal was negligent in having a different policy, and the school board is liable

vis-a-vis the insurance company.

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Damages

Irwin is a quadriplegic as a result of the accident (D2L, 2018). As a result of injury,

damages could amount to the following: pain & suffering, past, present, future loss of income,

costs of assisted living and loss of consortium (Donlevy, 2018). The principal and Okotoks

School District Board are severally liable to the damages of Irwin.

Prim Irwin

Duty of Care

Irwin owed a duty of care to herself. Not only did she break the School District

Administrative Transportation Guideline for Students, she also entered the vehicle willingly,

despite having previous knowledge that there was a problem with the passenger side seat belt. It

was Irwin’s responsibility to ask for specifics in order to gauge whether she should sit in the

passenger seat. Furthermore, despite Irwin’s assertion that she wore the passenger seatbelt, the

reconstruction evidence does not show that the seatbelt was used.

Standard of Care

Reasonable and prudent individuals would ensure that they wear a seatbelt. This is in

accordance with the School District Administrative Transportation Guideline for Students and

was discussed on the first day of the Physical Education class. By failing to wear a seatbelt and

breaking the school’s transportation guidelines, Irwin did not meet the standard of care.

Foreseeability

It is foreseeable that, in the event of an accident, injury could occur regardless if Irwin

was wearing a seatbelt or not. However, Irwin increased the risk of exacerbating her injuries by

a) not wearing and seatbelt at all and b) opening the sunroof.

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Causality

But for Irwin’s inaction of not wearing a seatbelt, as well as her action of opening the

sunroof, the extent of her injuries would not have been as significant. Her injuries were worsened

due to being ejected from the vehicle while untethered.

Liability

Irwin should not have been in the vehicle without an operative seatbelt; consequently,

there is evidence of contributory negligence on her part.

Damages

Irwin became a quadriplegic as a result of the vehicle rollover and being thrown from the

sunroof.

Amanda Ballard

Duty of Care

Amanda Ballard duty of care, in accordance with the School District Administrative

Transportation Guideline for Students, was to drive only herself to Marabelle Golf Course,

outside of town limits. However, Ballard breached the guidelines as she allowed Irwin to be the

passenger of her vehicle.

As well, Ballard had the duty of care as the driver for Prim Irwin, as she assumed the

duty in allowing Irwin to be a passenger in her vehicle.

Standard of Care

In accordance with the District Administrative Transportation Guideline for Students,

Ballard was to drive only herself to Marabelle Golf Course. Ballard breached the guidelines as
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she allowed Irwin to be the passenger of her vehicle, which was not permitted as the golf course

was outside of town limits.

It falls under reasonable standard of care for Ballard to have had functioning seat belts for

the passengers in the vehicle. Under 83(1) of the Traffic Safety Act: Vehicle Equipment

Regulation by the Province of Alberta (2009) Ballard was required to have every passenger be

provided with a safe functioing seatbelt. In allowing Irwin to ride as a passenger, knowing the

vehicle’s passenger seat belt was malfunctioning, Ballard did not act in a reasonable manner

under the circumstances. Ballard was charged with Driving Carelessly under 115(1)(b) of the

Traffic Act of Alberta (D2L, 2018) as Ballard allowed Irwin to use the passenger seat with the

malfunctioning seat belt during the time of the accident.

Foreseeability

When considering the facts presented, any reasonable individual would not allow a

passenger to occupy a seat with a malfunctioning seat belt. In allowing passengers to occupy a

seat with a malfunctioning seat belt, a reasonable individual would foresee the passenger, in

event of an accident, would suffer greater harm than if an individual were to be a passenger in a

vehicle with a functioning seat belt.

Ballard should have avoided having a passenger in her vehicle in accordance with the

School District Administrative Transportation Guideline for Students (D2L, 2018) as it states

that no students may drive and transport other students except for school sponsored activities and

to local facilities within the town. Ballard failed to meet the guidelines as she was not permitted

to transport other students in her vehicle to or from the golf course because it was outside of

town limits. Thus, the type and severity of injuries suffered by Irwin were foreseeable in light of

the knowledge Ballard had about her vehicle and venue.

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Causality

If not for breaking the School District Administrative Transportation Guideline for

Students (D2L, 2018) in taking in another passenger to the golf course and allowing Irwin to be

the passenger in the vehicle, while knowing the passenger seat belt was not functioning properly,

Irwin would not have been ejected from the vehicle and severely injured.

Liability

Amanda Ballard was negligent as Ballard did not follow the School District

Administrative Transportation Guideline for Students (D2L, 2018) as she allowed Irwin to be the

passenger to a school activity outside the town boundaries. Ballard was also negligent as she

allowed Irwin to ride on the passenger side in knowing that the seat belt was not functioning

properly as indicated through the findings.

Damages

Irwin is a quadriplegic because of the accident involving the rollover the vehicle and

having been ejected from the sunroof (D2L, 2018). Amanda Ballard share liability with the

Principal and Okotoks School District Board.

Final Defence

Lindsay Waterman was negligent through not specifying the location of field trip was outside of

the parameters that had been noted in the guidelines in the school directive, and not arranging

other forms of transportation or cancelling the trip. The Principal was negligent by having a

different policy than the school board, as well as the school board by association. Irwin and

Ballard were both contributorily negligent by not following the School District Administrative

Transportation Guideline for Students (D2L, 2018). Ballard and parents were also negligent by
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allowing Irwin to be a front seat passenger while knowing that the seat belt had a defect and was

not functioning properly.

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References

Alberta School Board http://www.qp.alberta.ca/documents/Acts/s03.pdf

Donlevy, J.K. (2018, September 27). Vicarious Liability of School Boards [PowerPoint

slides]. Retrieved from University of Calgary D2L site: https://www.d2l.ucalgary.ca

GDE Family Law. (2018). https://www.gdefamilylaw.ca/services/children/in-loco-

parentis/

Province of Alberta. (2009). Traffic Safety Act: Vehicle Equipment Regulation. Retrieved

from http://www.qp.alberta.ca/documents/Regs/2009_122.pdf