Court Rules Schools Must Meet Their Duty Of Care For Their Traveling Students

Global Rescue

Sponsor
Since 2012
AH fanatic
Reviews
4
Joined
Apr 7, 2011
Messages
904
Reaction score
205
Website
ss.globalrescue.com
Media
86
Articles
161
Member of
Safari Club International, Dallas Safari Club, Grand Slam Club/Ovis
220px-Hotchkiss_main_building_img1 (1).jpg



The state Supreme Court of Connecticut, ruling on questions in the Hotchkiss case of a private school student who became ill and suffered brain damage on a trip to China, stated that “schools must warn and protect students from the risk of insect-borne diseases when organizing trips abroad.”

According to a New York Times article, justices also said in the 5-0 ruling that the $41.5 million verdict awarded to the student in a federal court lawsuit in 2013 should not be reduced. The case now goes back to the 2nd U.S. Circuit Court of Appeals in New York for determination based on the Connecticut court’s answers to these two questions.

Cara Munn, a teenager on a Hotchkiss School-sponsored trip to China in 2007, fell ill with an insect-borne disease that was contracted while on a hike. A local clinic misdiagnosed her condition and she was transferred to a hospital in Beijing where it took weeks before she was flown to the United States – by her parents. She permanently lost her ability to speak and some of her cognitive ability.

Munn sued the boarding school, saying school officials failed to warn students about the risks of insect-borne diseases in China before the trip, failed to protect them and take precautions such as using insect repellent during the trip, and failed to have protocols for medical emergencies, parental notification and evacuation.

Harvard Law Professors John Goldberg and Ben Zipursky commented, “a school owes its students a duty to be vigilant of harms that may befall them on a trip organized by the school, and to exercise due care to protect against such harm...regardless of whether that activity takes place on school grounds or halfway around the world.”

The judgment against the Hotchkiss School highlights an important issue confronting travel study programs. Organizations that have a Duty of Care program, including comprehensive pre-trip health and safety information and emergency action plans and resources, place themselves in a better position to respond and protect their students and personnel, as well as minimize their legal risk.
 

bilmcc

AH enthusiast
Joined
Aug 30, 2016
Messages
368
Reaction score
301
Location
Newport News VA
Media
12
Hunting reports
Africa
1
Member of
SCI, Ruffed Grouse Society, Wyoming Wildlife Foundation, Wild Sheep Foundation, Boone & Crockett
Hunted
Zambia, New Zealand, Spain, US (PA, VA, TX, ME)
Wait, isn't education all about the money?
 

BRICKBURN

Super moderator
Contributor
Lifetime titanium benefactor
AH ambassador
Joined
Aug 5, 2010
Messages
23,024
Reaction score
17,627
Location
Canada
Media
412
Articles
24
Hunting reports
Africa
8
USA/Canada
2
Europe
1
Hunted
Namibia, South Africa, Botswana, Mozambique, Canada, USA, Mexico, England
Lousy lesson to have to learn the hard way.
 

bilmcc

AH enthusiast
Joined
Aug 30, 2016
Messages
368
Reaction score
301
Location
Newport News VA
Media
12
Hunting reports
Africa
1
Member of
SCI, Ruffed Grouse Society, Wyoming Wildlife Foundation, Wild Sheep Foundation, Boone & Crockett
Hunted
Zambia, New Zealand, Spain, US (PA, VA, TX, ME)
It is not a new lesson. "In loco parentis" has been around for a while.
 

Forum statistics

Threads
37,688
Messages
720,833
Members
67,441
Latest member
RalfG48049
 

 

 

Latest profile posts

flatwater bill wrote on john stroud's profile.
Leopard Legend....................Hi John.............I see that you have not visited AH in awhile. Hope all is well. I am looking for a hunt in Namibia..............would like to ask a few questions about your hunt.............all the best..............................Bill
Cervus elaphus wrote on Bob Nelson 35Whelen's profile.
Hi Bob, how's things going in Wyong?. Down your way a couple of years back but haven't been in NSW since Ebor for the fishing. just getting over some nasty storms up here in Qld, seeing the sun for the first time in a few days. I'm going to NZ in the spring and hope to clean up a few buns while there and perhaps shake the spiders out of my old .303LE (currently owned by my BIL). Cheers Brian
A couple pictures of the sable i chased for miles in Mozambique, Coutada 9!! We finally caught up to him and I had the trophy of a lifetime. Mokore Safaris, Doug Duckworth PH
sable Coutada 9.JPG
sable 2 - Coutada 9.JPG
Safari Dave wrote on egrmpty507's profile.
Did you purchase your hunt at a US SCI fundraiser?
uplander01 wrote on colorado's profile.
Heard you may have load data for the 500 Jeffery,.....any info would be appreciated. Was thinking 535gr, but already had a response that the 570gr would be a better way to go, not sure why.
 
Top