School Liability for Student Field Trip Injuries or Death

By: Dr. Edward Dragan

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For schools, summer camps, and day care centers, one of the key functions of student supervision is to
identify dangerous conditions and then either stop the activity or warn of the danger. The supervisor must
take appropriate action for the protection of the children. Duty to warn contemplates both having
knowledge of danger (actual or constructive notice) and having time to communicate it. Field trip injuries
are very common and there is an equal duty to protect when children are off campus but still under school
supervision, such as when children are on a school-sponsored trip. Excursions off school property present
special challenges. Careful planning ahead of the trip, knowing about potential safety hazards, and
creating a plan to avoid or mitigate them can help to protect a child from field trip injuries and a school
from liability lawsuits.
The best defense against a claim of negligence is that has one or more of the four elements of negligence
has not been proven: that a duty was not owed the injured, that reasonable care was exercised in
performance of the act, that the act was not the proximate cause of the injury, or that there was no injury
to the plaintiff. There will be times that the school will have done everything appropriate but a child still
is injured. If the school can show that it exercised reasonable care, it will go a long way toward protecting
the school from a lawsuit.
Adequate Planning is Essential to Minimizing Risk of Field Trip Injuries
Being alert to potentially dangerous conditions at an offsite activity starts long before the activity itself. If
a trip is planned for a picnic at a local park, for instance, the teacher or administrator should visit the park
ahead of time to learn the layout and identify potential dangers on the property that may lead to field trip
injuries. Are there any streams a child can fall into? Are there rough trails with loose rocks and tree trunks
that can cause a child to trip? Is there a highway nearby that poses a risk to a child who wanders off from
the group?
Informing the chaperones and children of the terrain, the hazards, and the safety rules ahead of time is
most important. In providing written rules for the children, parents, and chaperones, a school articulates
its policy and the behavior it expects from adult and child participants in order to protect students from
field trip injuries. Through this type of planning and communication, the school creates a foundation for
protecting it from liability should something go wrong.
It also is important to ensure that there are enough adults to provide adequate supervision at the event. In
thinking about how many adults are needed, consider how many children will attend, their ages, and
whether they have any disabilities or behavioral issues requiring special attention. A higher duty of care
exists for a student with a disability or when a child's Individual Education Program (IEP) requires
specific attention to details to keep the student safe. If a student requires a one-on-one aide at school for
additional supervision, the same requirement extends for fieldtrips and other activities to minimize risk of
field trip injuries.
Negligent Supervision of Students on School Field Trips

One of the cardinal rules of supervision on school field trips is to ensure that children do not leave sight
of chaperones. The question of liability for injuries when children leave adult supervision without
permission presents two factors. First, was there negligence in supervision on site that permitted the child
to leave? If so, then that breach of duty would be the proximate cause of the injury. Second, was that type
of injury foreseeable? If so, then failure to supervise a child in a way that could have prevented the injury
would be negligence. For the school to be held open to liability, there must be proof that lack of
supervision or that negligent supervision was a proximate cause of the accident.
Individuals who perform supervisory functions must conduct themselves as a reasonable person would
under similar circumstances. Inappropriate behavior on the part of the supervisor may lead not only to a
negligence suit in the case of student field trip injuries or death, but also to disciplinary action against the
supervisor. As an example, in a Missouri case, two coaches took six high school boys and four female
cheerleaders to a meet, where they stayed overnight. Evidence indicated that the coaches left the students
unsupervised and the coaches attended a party and drank alcoholic beverages, and had allowed male and
female students to sleep in the same rooms. The coaches were found to have engaged in inappropriate
conduct when they abandoned the students and went partying and drinking. The court found that this
behavior rendered them unfit to teach or supervise students.
Special attention must be given to the planning of off-campus trips with young children. In one such case,
a kindergarten teacher planned a "safety day" class trip to a city-owned parking lot. The teacher planned
this event in the same way she had for years, following board of education policies and seeking parent
volunteers. Parents and children met at the school and rode with the teacher on a bus to the event. Just
before arrival at the event, the teacher addressed the chaperones and said, "Please keep an eye on the
children. We don't want anyone to get lost." What she did not do - and this turned out to be the proximate
cause of a student's death - was to assign specific students to each volunteer in order to prevent the risk of
student field trip injuries.
At the event, the fire company brought a fire truck, the rescue squad brought an ambulance, and the police
department set up "roads" with stop signs and walkways for children to practice safe street crossing. The
police brought several electric golf carts to use as "cars" to make the scene as realistic as possible. After
police officers finished conducting their demonstration of safe street crossing, three children climbed onto
a golf cart, one hanging onto the front of the cart. An officer had left the cart idling, key still in the
ignition. The cart drove straight ahead into the ambulance, crushing and instantly killing the child hanging
on the front. Because several entities were involved in the event - the school, teacher, principal, volunteer
chaperones, the police and fire departments, the EMT staff, and the municipal government that provided
the parking lot, assignment of liability would likely be shared. The school, however, through the teacher
who organized the event, was ultimately responsible for acting within the professional standard of care for
supervision of children. Had chaperones been directed to supervise specific students at all times, it is
likely that when the students climbed onto the golf cart, their chaperones would have stopped them.
Cases involving class trips can become quite complex when several agencies are involved. In a drowning
case, a school had selected students to attend a leadership training program off campus. The school rented
a nearby YMCA campsite that had several buildings suitable for overnight guests. There was also a third
agency, the company providing the training program.
In this case, several students left the dormitory in the middle of the night, went to a nearby riverbank and
took several boats into the river, even though signs strictly prohibited anyone from going into the water.
When several students drowned, each of the three entities and many individuals became defendants.
Sorting out supervisory responsibilities between the school, the training agency and the YMCA, assessing
the capacity of the students to watch out for their own safety, and many additional elements became

important when determining foreseeability, responsibility for supervision, proximate cause, and liability.
In this case, proximate causation was determined through an assessment of whether the students'
misconduct would likely have been prevented had the duty to supervise been discharged.
Contributory Negligence for Student Field Trip Injuries
Questions of liability may arise from any number of unforeseen situations. Who bears the burden of
liability when a student on a daytrip rents a bicycle, fails to wear a helmet, and sustains a head injury
when he runs into a tree? What is the school's liability if a child runs ahead of her group onto a highway,
only to be seriously injured by a passing car? When a child's own actions contribute in whole or part to
wrongful death or serious injury, such circumstances can be a defense in certain situations.
As a court stated, a determination of contributory negligence involves several considerations:

Characteristics of the child (e.g., age, intelligence, experience, knowledge, or physical condition)
that would influence her ability to detect dangerous conditions or appreciate the danger of a
hazard observed

Physical facts, i.e., the extent to which the hazard is noticeable and the degree of alertness
required to avoid such a hazard

The environment, be it the physical activities of the individual who was injured or killed or the
movement, sound, or placement of other persons and objects in the setting.

For example, in the river drowning case described earlier, the question of contributory negligence was
raised because the students who drowned were 17 and 18 years old, were determined to be intelligent
because they had been selected for leadership training, were physically fit, and had the ability to detect
the dangerous conditions of the river. A sign prohibiting swimming was clearly visible to a reasonable
person, and there were no distractions at the scene that would have caused either of the students to lose
concentration or momentarily forget that entering the river presented a danger of harm.
Summary
Supervision of children on the premises of a school, camp, or other entity is essential for protecting the
health, safety and well-being of participants. Supervision of children at school-sponsored trips presents
unique challenges and must be addressed in a different way. This is especially true when a group is
planning to go to a place that is unfamiliar and may present challenges and dangers not typically
considered.
Start with a clear, strong policy requiring administrative approval and a plan for the trip that includes
safety and emergency responses. Consider how many children will attend, their ages, and how many
adults are needed to supervise the children and protect them from harm. If the area is unfamiliar, the
person in charge should visit in advance, making note of potential hazards and developing a plan to
protect children from those hazards. Chaperones must know as much as possible about where the group is
going, the potential hazards, who the children are and whether any have a particular disability, behavior
problem or other characteristic requiring special attention, and which children are under their
responsibility during the trip.

As an expert witness providing services for plaintiff and defendant attorneys on issues of negligent
supervision and liability, I review the policies of schools and other entities and compare them against the
facts of the case. This process provides insight as to whether the entity met its own standards by following
its policies and whether contributory negligence was involved, leading us toward answers about questions
of liability. When the facts are clear, an opinion may be rendered as to whether the entity acted
appropriately and reasonably under the circumstances and within the professional standard of care.
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Dr. Edward Dragan, provides education expert consultation for high-profile and complicated cases. As
an educator and administrator, he has more than 35 years' experience as a teacher, principal,
superintendent and director of special education. He also has served as a state department of education
official.
Copyright - All Rights Reserved
DO NOT REPRODUCE WITHOUT WRITTEN PERMISSION BY AUTHOR.
http://www.experts.com/Articles/School-Liability-Student-Field-Trip-Injuries-Death-By-Edward-Dragan

Field Trip Safety

Canadas most universally accessible health and fitness facility is the great outdoors. Educating young
people to be active in that environment promotes a healthy lifestyle.
A few tragic field trip incidents have led some to believe that outdoor recreational outings and school
field trips are dangerous. Yet statistically the risks of injury are similar to childrens daily activities, and
lower than some team sports.
Risks Must Be Managed
The Canada Safety Council has a longstanding concern that schools and parents must work together to
manage risks on school trips. A lapse in risk management can usually be identified when an outing ends in
serious injury. Perhaps risks were not assessed properly at the planning stage, or safety rules were not
enforced during the event itself.
On the other hand, fear-driven policies and procedures for field trips may be unattainable and
unreasonable. This in turn leads to fewer outdoor activities, so that risk averseness becomes a genuine and
insidious risk. Young people who are not encouraged to be active risk developing a sedentary lifestyle. A
desk- and screen-bound generation is prone to diseases such as heart disease, cancer and diabetes, already
on the rise in children.
Well-planned field trips serve as an opportunity to teach skills and safety awareness, when organizers
stress possible risks and necessary precautions. They prepare young people to enjoy outdoor activities
safely when they are outside the controls of an organized group.

Resources and Guidelines

When groups travel off-site or participate in outdoor pursuits, there is an undeniable risk of injury or
incident. Schools, municipalities and community organizations are committed to providing for safety, but
have limited resources to conduct the research needed, develop appropriate guidelines and resources,
provide training and ensure everyone works together seamlessly.
YouthSafe Outdoors (YSO) was created to identify and address risk, and to help organizers minimize the
potential for mishaps and related legal liability. YSO helps schools, service providers and community
groups develop research-based policies, procedures and practices that enable and facilitate safe outings.
Safety First! Guidelines for Off-site Activities (2003) identifies risks for over 40 activities, teacher/leader
qualifications, and how to establish appropriate supervision ratios and first aid capacity. It also offers
guidelines related to equipment, environment, transportation, working with volunteers, safety instruction
and emergency response. There are specific resources for trustees/directors, administrators/ program
managers, teachers/leaders, service providers, parents/guardians and students.
No one can foresee every eventuality when young people pursue outdoor activities. The goal is to
minimize the potential for fatalities, disabling injuries, emotional distress and serious illness, and to
reduce minor incidents and illness to a level equivalent to that expected in the lives of active, adventurous
youth. YouthSafe Outdoors and its partners are committed to helping school authorities, community
organizations and others help young people develop active outdoor lifestyles, within a culture of safety
and security.
To obtain YSOs guidelines for off-site activities (150 pages) or its resource for parents and guardians (30
pages) or for further information: visit www.YouthSafeOutdoors.ca; phone 1-877-559-5959; or email Info@YouthSafeOutdoors.ca
https://canadasafetycouncil.org/child-safety/field-trip-safety

Harford County suspends school trips to Baltimore, citing safety

concerns
Liz BowieContact ReporterThe Baltimore Sun
City leaders say Harford County schools' cancellation of field trips to Baltimore is misguided.
Harford County's school sytem has banned field trips to Baltimore indefinitely, citing safety concerns
following the unrest over the death of Freddie Gray and the subsequent trials of police officers charged in
his death.
City leaders called the decision misguided and ill-informed, saying it denies Harford schoolchildren
cultural, educational and recreational opportunities and reinforces negative stereotypes about the city.

"When I heard about this continuing ban on school travel to Baltimore, I was, frankly, totally flummoxed.
It seems so outrageous as to be actually sad," said Del. Brooke Lierman, a Baltimore Democrat. "Harford
County Public Schools is doing an enormous disservice to its students and families with this bizarre
policy."
Harford school administrators had extended their initial spring suspension of school trips and made it
indefinite on Jan. 11. City leaders scoffed at the idea that Baltimore isn't safe for children to visit.
"We are afraid the lesson being taught to the children of Harford County is to fear the city, and that is
disappointing," said Howard Libit, a spokesman for Mayor Stephanie Rawlings-Blake.
After the riots of April 27, school systems around the region canceled field trips. That policy changed
within a month as the city returned to normal. But when the trial of the first police officer charged in
Gray's death got underway in December, some school systems, including Baltimore County and Harford
County, again canceled trips.
All other counties have since lifted the prohibition, but Harford County took a different view.
"The travel restrictions were implemented strictly for the safety of the students based on information we
received from various law enforcement agencies, including the Baltimore City Police Department,
following the riots and relating to potential issues that may occur during the first and subsequent trials,"
Jillian Lader, a spokeswoman for the Harford schools, said in a statement.
She said the school system had been deciding on field trips on a week-by-week basis every Monday after
a briefing with law enforcement officials, but the process became difficult for planning purposes.
Teachers and principals didn't know from one week to the next whether they would be able to go on a trip,
so the administration decided to suspend the trips.
State Sen. Bill Ferguson, a Baltimore Democrat, called the decision misguided and narrow-minded.
"Baltimore City offers some of the state's richest and most engaging cultural learning opportunities," he
said. "To deprive students the chance to experience these amazing assets is short-sighted and
uninformed."

Libit said the mayor finds it disappointing that children have been blocked from "experiencing many of
the cultural amenities of Baltimore City, including everything from the Baltimore Museum of Art and the
National Aquarium to the musical performances at the Lyric and the Meyerhoff." Harford County families
come to the city regularly to worship, work and visit family, he said.
City leaders said they believe the county's actions are a slap at the cultural and economic center of the
state. "What happened to One Maryland?" asked Lierman.
But Del. Curt Anderson, a Baltimore Democrat, said he won't criticize Harford officials.
"Harford has got to do what they have to do to keep their students safe," Anderson said. "If Harford
County feels they have to do it, then who am I to question?"
Anderson said legislators are concerned about the safety of city children in their own neighborhoods.
Baltimore County made a different decision based on the muted response after a mistrial was declared in
mid-December in the case of Officer William G. Porter, when jurors said they had failed to reach an
agreement on any of the charges against him in the death of Gray.
Gray's death in late April after being injured in the back of a police van spurred protests and a day of
rioting. It was one of a series of deaths to draw national attention to the issue of police brutality toward
black people. Six police officers have been charged in connection with the West Baltimore man's death.
"We monitored what happened during the first trial," said Mychael Dickerson, a spokesman for Baltimore
County schools. "There were no issues, and we didn't hear concerns from our schools."
He said the central office generally leaves decisions about field trips to leaders of individual schools, and
only rarely does the superintendent step in to suspend field trips without extensive discussions with staff.
Some Harford County residents also expressed concern following the decision to suspend trips. In
particular, parents were angered when their children were not allowed to participate in regional sports
tournaments.
Late Tuesday afternoon, Harford officials decided to allow athletic teams to make trips to the city. "Those
events tend to be more secure, and they are more regulated," Lader said.

City Councilwoman Mary Pat Clarke said she hoped Harford's children would come back.
"We are here to welcome them when they come back. We are sorry they are missing so many wonderful
things."
liz.bowie@baltsun.com
http://www.baltimoresun.com/news/maryland/bs-md-harford-travel-20160205-story.html

Ban on compulsory, distant field trips sought

(philstar.com) | Updated February 25, 2013 - 11:40am
13 27 googleplus0 0
MANILA, Philippines In the aftermath of recent tragic field trip incidents, a lawmaker has called on
school authorities to ban compulsory and distant field trips for the safety of students and to spare parents
from paying costly excursion expenses.
Rep. Pedro Romualdo (Lone District, Camiguin) urged the Department of Education (DepEd) and
Commission on Higher Education (CHED) after seven people, including two students and two teachers of
the Marinduque State College, who just finished a field trip in Baguio City died when their bus collided
with a 14-wheeler truck along Marcos Highway in Benguet last Thursday.
Earlier on February 8, a bus ran over two high school students of Holy Spirit Academy during a field trip
at Camp Mateo Capinpin, killing one of them.
I dont see the wisdom of requiring field trips. During our time, we did not have field trips, but we
managed to learn a lot in school, said Romualdo, a Vice Chairman of the House Committee on Justice.
He said requiring students to travel far exposes them to accidents and also imposes additional financial
burden on parents who have to shoulder their childrens numerous travel expenses like fare, board and
lodging, and allowances.
Romualdo further said it was questionable why school authorities have to choose distant destinations
when field trips can be done in nearer areas that offer the same learning experience to students.
For example in our province, why should our students need to travel to as far as Cebu when they can
just go to Misamis Oriental or Cagayan de Oro? Choosing faraway destinations only turns students into
tourists. Whats the purpose of these field trips?" he said.
Even while he was a governor, Romualdo said he was against field trips because of the financial burden
they entail on parents. A lot of parents were forced to solicit from his office because they could not afford
the costly field trips of their children, according to him.

"I dont want parents to solicit money to pay for their childrens field trips. Who is earning from these
field trips at the expense of students and parents? On the part of students, they are forced to join the field
trips otherwise they will flunk in their subject or course, said Romualdo.
Romualdo said back then, he wrote to the DepEd and CHED officials to ban field trips for the welfare of
students and parents.
http://www.philstar.com/nation/2013/02/25/913000/ban-compulsory-distant-field-trips-sought

Report schools violating field trip rules, students urged

August 31, 2014
ROXAS City Amid allegations that some schools are violating policies on field trips, the Commission
on Higher Education (CHED) urge students to be vigilant and report violators.
Educational field trips and tours are voluntary, said Dr. Rex Casiple, CHED Region 6 assistant regional
director.
These activities must be conducted economically and safely without endangering the lives of the
participants, he added.
CHED Region 6 issued the reminder in the wake of a series of accidents during educational tours and
field trips in various parts of the country.
Students should be required a medical clearance and parents or guardians consent, said Casiple.
Educational tours and field trips should not be made a substitute for major exams to compel students to
go, he clarified.
It should not even incur additional cost which has not been consulted prior to the activity, Casiple said.
Students who cannot join these should be given parallel activities that provide similar acquisition of
knowledge of the required practical competencies, he added.
It is also very important, according to Casiple, that the holding of the field trips and educational tours be
included in the student handbook and explained during orientations at the start of the school year.
CHED also emphasized that only tour and travel operators accredited by the Department of Tourism shall
be engaged by the higher educational institutions. (PIA-6/PN)
http://panaynewsphilippines.com/2014/08/31/report-schools-violating-field-trip-rules-students-urged/