• 2002 - Duty of Care Owed by School Authorities
  • C-16.18
    • Children And Minors
    • Public Entities
    • Tort Liability
    • Tort Liability
  • School authorities are required to exercise ordinary care to keep the school premises and facilities in reasonably safe condition for the use of minor students who foreseeably will use the premises and facilities. They also owe a duty to the students to ensure their safety during playground activities. Their obligation is to exercise such care for the students as a parent of ordinary prudence would provide in the same or similar circumstances.

     

    The duty of care owed a minor against unreasonable risk of injury is greater than that owed an adult. The degree of care required increases with the immaturity of the child.

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    • Besette v. Enderlin Sch. Dist. No. 22, 310 NW2d 759 (ND 1981)
  • Notes: Use NDJI C - 2.20, Measure of Duty of Minor to Exercise Care, if comparative fault is asserted.