Negligent and Intentional Tort
EDU 674 The Legal Environment in Education
Timothy D. Blevins, J. D.
While conducting a tort walk at one of the local middle schools we identified several possible torts. One was of a building code violation, another in the way money was handled in the lunch room. I am going to pursue the building code violation and what the possible injury could be if not corrected. Upon our tort walk we discovered several windows open to the common areas. These windows were out far enough for a person to walk or run in to. Depending on the persons size this could very easily cause severe injury to oneself. The windows are approximately four feet off the ground tilted out into the courtyard where students and faculty move about. When the bell sounds to change classes there is a lot of movement and confusion. It is easily seen to an observer how one could get hurt. Florida Statute 1001.42 Says Maintenance and upkeep of school plant will provide adequately for the proper maintenance and upkeep of school plants, so that students may attend school without sanitary or physical hazards, and provide for the necessary heat, lights, water, power, and other supplies and utilities necessary for the operation of the schools. Second, make or contract for additions, alterations, and repairs on buildings and other school properties. Ensure that all plans and specifications for buildings provide adequately for the safety and well-being of students, as well as for economy of construction. Florida Statute 1001.43 authorizes facilities management thru the district school board to adopt policies providing for management of the physical campus and its environs, including, but not limited to, energy conservation measures; building and ground maintenance; fencing, landscaping,( and other property improvements); site acquisition; (new construction and renovation); dedication and rededication or naming and renaming of district buildings...
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