Asked in Personal Injury and Employment Law for Washington

Q: Can the class teacher be held responsible for negligence in Washington?

Can the class teacher be held responsible for negligence? During another teacher's class, a student pushed another, resulting in minor injuries. The class teacher learned of the incident only after it occurred and didn't respond in the class WhatsApp group as it was a police matter. The school requires teachers to control students, and although a similar incident occurred before, not in this class, the school and teacher have since apologized to the family.

4 Lawyer Answers

A: Highly unlikely. The teacher would have to have more or less intentionally allowed the conduct to occur. In most public or semi-public settings, a person is not responsible for the unlawful acts of another. For example, a bus driver is not going to be held responsible if one passenger punches another passenger. The intentional action by the passenger to assault someone is beyond the bus driver's control. If the teacher was acting negligently and tripped or pushed a student themselves, that would be a different story.

A: If the parents were able to pursue a theory based on failure to supervise, it might be difficult to find a law firm that would be interested, due to the injuries being minor. I'm glad the injuries were not serious and hope the victim is okay (from a PERSONAL standpoint), but from the standpoint of a firm contemplating contingency representation, that could be a challenge (from a PRACTICAL/LEGAL standpoint). You could reach out to local attorneys - that's the most reliable way to answer your question. Good luck

A: Addendum - Although I previously said that it was not a case that I felt local law firms would be enthusiastic about learning more about, the fact remains that the family may want to learn about applicable timetables to take action. If the matter involves a public school system, this could mean notice of claim elements (in other words, very short deadlines for municipalities or public entities) - not to mention the fleeting nature of the shelf life of any video evidence. So if nothing else, a quick consult with local attorneys could help the family learn the timelines within which they'd need to act to preserve their rights, strong case or weak. Good luck

James L. Arrasmith
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Answered

A: In Washington, whether the teacher can be held responsible for negligence depends on the specifics of the incident and whether the teacher failed to meet the standard of care expected in their role. Teachers have a duty to supervise students and maintain a safe environment, but in this case, the incident happened during another teacher's class, which may reduce the likelihood of negligence on the class teacher’s part. If the class teacher was unaware of the incident at the time it occurred, they may not be held liable for failing to intervene immediately.

Since the school and teacher apologized to the family, that may indicate an acknowledgment of responsibility or an effort to resolve the matter amicably. The fact that the incident was considered a police matter also suggests that it was viewed as an external issue beyond the teacher's immediate control.

To fully understand your options, you may want to consult with a lawyer to determine if the teacher or the school can be held accountable for any failure in supervision or response. They can help evaluate whether negligence occurred and if you have a case for damages or further action.

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