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Negligent Liability and the Foreseeability Factor: A Critical Issue for School Counselors
Author(s) -
HENDERSON DONALD H.
Publication year - 1987
Publication title -
journal of counseling and development
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.805
H-Index - 78
eISSN - 1556-6676
pISSN - 0748-9633
DOI - 10.1002/j.1556-6676.1987.tb00805.x
Subject(s) - liability , duty of care , element (criminal law) , duty , res ipsa loquitur , causation , reasonable person , psychology , law , strict liability , standard of care , subject (documents) , business , actuarial science , tort , medicine , political science , surgery , library science , computer science
Negligent liability suits involving school counselors are not common, but such litigation seems to be increasing. In most of the cases cited, the defendant's alleged negligence emanated from his or her failure to provide reasonable care to individuals who were later injured or killed. Reasonable care is the standard of conduct that a reasonable and prudent person maintains in protecting those to whom he or she owes a duty of care from unreasonable risks. The author emphasizes the role that the element of foreseeability plays in determining the outcome of negligence cases and indicates those areas of responsibility that are most subject to litigation.