It is common for parents to leave their children in the temporary care of a teacher, daycare, summer camp or sports coach. By doing this, they temporarily delegate their parental authority. The teacher, childcare worker or monitor gains some control over the child, but also takes on responsibilities.
In this article, Éducaloi explains when a person with temporary custody, supervision or education of a child under 18 can be held responsible if something goes wrong.
Who is a custodian, supervisor, or educator?
School teachers and playground monitors come to mind first, but many other people educate or have custody or supervision of children: coaches, dance instructors, music teachers, daycare workers, summer camp monitors, adults hosting a birthday party, a parent’s common-law partner, etc.
As a teacher, can I be held responsible if a child in my care injures someone else or damages something?
Yes.
As a teacher, you are temporarily responsible for the care, supervision, and education of minor children. Their parents have delegated control and supervision of these children to you. In law, this is called delegation of parental authority. Because you are in charge, and the children are under your control, the law says that you can be held responsible for damage they cause.
Under the law, there is a presumption that you are responsible if a child in your care injures someone, harms an animal or damages property, whether or not the child did something wrong.
If sued, it would be up to you to prove that you were not at fault in the custody, supervision or education of the child.
For example, you could argue that:
- your duty to supervise the child had ended when they caused the damage,
- despite your adequate supervision of the child, you were unable to stop the wrongdoing,
- the child’s actions were totally unpredictable.
Here is an example: Mrs. Lachance is a high school drama teacher. She asks her 14-year-old students to create a play that they will perform in front of the class. One of the scripts submitted to her includes a scene in which a book is thrown from the top of a staircase. Mrs. Lachance tells the students that they can do the scene as long as they use loose papers instead of a book. She also goes over safety rules with the students and warns them not to forget that the play isn’t real. Unfortunately, during the final performance, a book is thrown at one of the students’ heads. Mrs. Lachance is sued. She argues before the judge that the use of the book was completely unpredictable. The judge agrees and does not hold her responsible.
I teach karate. Can I be held responsible for a student’s actions outside of class time?
As a general rule, your responsibility is limited to damage caused while the minor child is under your supervision.
But in some cases, your responsibility can be broader. If it can be shown that the child’s actions outside your supervision stemmed from poor education you provided the child, you might be held responsible for the damage caused.
As a karate instructor, you must also ensure that the environment in which your sport is practiced is healthy, respectful, and safe. In fact, everyone involved in organized sports or recreational activities shares this responsibility, including parents, volunteers, coaches, referees, and spectators.
You must make sure that students’ physical well-being is not harmed. Harm can happen in situations involving verbal, physical, or sexual violence, neglect, and abuse of authority, for example.
If the safety of one of your students is affected, your student or their parents can make a complaint or report the issue to Quebec’s ombudsman for integrity in recreation and sports, called the Protecteur de l’intégrité en loisir et en sport.
If I am sued, what can I prove so that the judge will not hold me responsible?
To avoid being held responsible, you must show that you acted like a responsible and diligent monitor, supervisor or educator.
Here are some ways you could support your argument:
- The child acted when they were no longer under your supervision. However, this argument might not work if it is shown that the child’s actions resulted from poor education you gave to the child. (See the above question about the karate teacher.)
- If you believe you adequately supervised the child, you can show that you were not at fault in how you supervised the child. You can argue that you followed your employer’s supervision policies.
- You took reasonable precautions, but you could not have foreseen the child’s actions. The action was completely unpredictable. This might be the case, for example, if a model student shoots a slingshot at another teacher.
- The child’s actions fell within the risks involved in an activity or sport. You must show that the children under your supervision were not taking unnecessary risks and were involved in activities appropriate to their ages and skills. You must also show that you properly instructed the children on how to play and you took the necessary safety precautions, for example, having them wear protective equipment.
I am a gym teacher. Are there basic precautions I can take organizing sports activities for my students?
Yes. During physical education classes, extracurricular activities or recess, children play sports and are at greater risk of injury.
As a teacher, you are responsible for choosing sports that are suitable for the children’s ages and skill levels. You should take these precautions:
- instruct students on how to play safely,
- supervise the group of students to ensure they follow the rules of the game and safety guidelines,
- make sure that the students are wearing protective gear when necessary and ensure that the sport’s equipment and location are suitable and safe.
If all of these precautions are taken, teachers can minimize their chances of being sued and held responsible for damage caused by students under their supervision. For more information on this topic, see our article Sports accidents: Who’s Responsible?
Should I adopt an attitude of zero tolerance regarding behaviour of children under my supervision?
No, not at all. A playground isn’t the army!
What the law requires is that you don’t tolerate dangerous behaviour from children under your supervision. If one warning isn’t enough, give another one or put a stop to the child’s behavior.
For example, you can take away a dangerous object the child is playing with. You must take the necessary steps to ensure that children respect your rules.
My teenage daughter babysits for extra cash. If a child under her care hurts another child, can my daughter be held responsible for the damage?
The law has different rules for people who supervise children free of charge or for a small amount of money that cannot be considered a salary.
These people will not be held responsible unless it is shown that theydid something wrong in their care, supervision or education of a child.
This is different from paid caretakers, monitors and educators who are assumed to be at fault if a child in their custody does something that damages someone’s property or causes someone physical injury, whether or not the child’s act was wrong.