Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password

You are not connected. Please login or register

pwede ba akong kasuhan kpag ganito?

View previous topic View next topic Go down  Message [Page 1 of 1]

1 pwede ba akong kasuhan kpag ganito? on Sun Feb 03, 2013 3:05 am


Arresto Menor
during my class my student lives without my permission, tapos na aksidente sya sa labas ng school namin. liable b ako sa nangyari sa studyante ko?

View user profile

2 Re: pwede ba akong kasuhan kpag ganito? on Sun Feb 03, 2013 7:17 am


If the Student is seriously injured in an accident at or outside the school during School Periods, they may have grounds for suing the school for damages, for example for medical fees and pain and suffering. School authorities have a legal duty to take 'reasonable' care to ensure that children are not injured. The amount of care depends on the age of the child; thus a school would take greater care of, say, a five-year-old than of a teenager.

Even if your child - or another - is considered partly to blame for an accident, you may still institute a claim, although, if it succeeds, any compensation awarded may be reduced.

LIABILITY To determine responsibility for damages after an accident at school, the nature of the school must first be established. If it is a state school, the claim would be against the relevant controlling body; if it is a private school, against the school itself. Where the school is insured against claims, the case will be referred to the insurance company, although the claim must still be brought against the school itself or its controlling body.

GROUNDS FOR DAMAGES The law requires that school authorities - such as teachers, principals and school committees - must take the same care of the schoolchildren entrusted to them as a 'careful father' would. This requirement imposes two tasks on a court determining whether damages should be awarded because of an injury sustained at school:

First, the court must decide what injury or risk of harm a 'careful father' would have foreseen in the situation that gave rise to the injury. The court must also decide what the father would have done if he had realised that the danger was present.

Second, the court must decide whether the teacher or school authority failed to act as a careful father would have acted under the same circumstances. Only if the teacher could have foreseen the danger and did not act as a 'careful' father would have acted can a claim for damages succeed.

Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
View user profile

View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum