SECTION VI: LIABILITY ISSUES IN AN EDUCATIONAL SETTING

MAINTENANCE OF THE PHYSICAL ENVIRONMENT

Whereas the preceding section dealt with dangerous conditions and a safe environment as related to the activity, this section continues in its concern for safe environmental conditions, but focuses on the physical facilities and area.

EQUIPMENT

A participant in the assumption of risk of an activity does not assume the risk of defective or poorly maintained equipment. Proper maintenance and care of equipment is of utmost importance. Where defective equipment is known, it is the instructor's responsibility not to use it. Defective equipment includes the improper installation of equipment and inadequate maintenance.

FACILITIES

One of the legal concepts that is especially important as related to both equipment and facilities is that of notice or knowledge of dangerous conditions. There are two types of notice, actual and constructive. With actual notice, the dangerous condition has been called to the attention of the responsible party: one has actual knowledge about the situation. Once one has notice, then there is a duty to take action to remedy the dangerous condition. Constructive notice, on the other hand, means that one should have known about the situation had he appropriately inspected or been aware of what was taking place.

INSPECTION

Sometimes a dangerous condition has arisen suddenly, but there has been a regular inspection or observation of conditions; appropriate time for notice may be allowed before liability attaches. The key issue is how diligent the person was in seeking out dangerous conditions, and then with what expediency the remedial action was taken.

Adequate inspection policies for both equipment and facilities should be in place with assignment of definite responsibility for periodic inspections. It is strongly recommended that records of equipment maintenance and facilities inspections be maintained.

You, as the instructor, should be making routine inspections of your area of responsibility. When hazards are noted, they should be reported and documented. Then follow-through. Be persistent in following up on a hazardous condition which has been reported until it has been corrected.