SECTION VI: LIABILITY ISSUES IN AN EDUCATIONAL SETTING

CONDUCT OF THE ACTIVITY

There are two aspects of particular concern relating to negligence in the conduct of an activity: adequacy of instruction and progression of training, and warning of danger or dangerous conditions.

1. Adequacy of instruction and progressive training: If an instructor gives progressive training and instructions to a participant and the participant is injured, the instructor may be held liable if his/her instruction was inadequate to prevent injury and did not communicate the degree of risk. This requires an understanding of the activity in terms of appropriate technique and progression. In addition, where students are engaged in potentially dangerous activities, instructors must ensure individual understanding on the part of EACH student of the potential dangers. Particular propensities and difficulties associated with each individual student must be recognized and dealt with by the instructor. What is sufficient instruction for one student may not be adequate for another. Recordkeeping and documentation of both safety training and warnings given is strongly recommended (e.g., course outline, student tests on safety topics, etc.).

2. Warning of danger or dangerous conditions which an individual knew about or should have known about: There is an obligation to provide a reasonably safe environment and to warn of those circumstances and conditions which are dangerous. This will, of course, vary for different activities.

· It is recommended that these warnings be delivered to students both verbally and in writing. In addition to giving instructions regarding proper procedures and use of protective equipment, warnings may also be given as printed literature (signs, pictures, posted printed regulations), which provides an ever-present reminder of the importance of safety procedures.

While such warnings are very useful and should be given, the instructor still has a responsibility to check that desirable practices are being followed and the participants appreciate the importance of using safety equipment and aids. Integral to this aspect of warning of danger is the establishment of procedures for safety rules and regulations.