Mr. Stephan learns that the two recess supervisors were talking to one another at one end of the playground furthest away from where Lindsay was injured. Since the faculty handbook specifically prohibits supervisors from this behavior Mr. Stephan reports that the supervisors may have indeed breached their duty of care. Which of the following should Mr. Stephan establish to determine if the

Question

possible breach was cause-in-fact of Lindsay's injury?

Mr. Stephan is the new principal of Edgewood elementary school. During the first week of school 4th grader Lindsay Smith was injured at recess. Lindsay's injuries included a sprained wrist and a large gash on her face requiring several stitches. Lindsay will need plastic surgery to hide the scar left by the cut. Two teachers were assigned recess duty at the time of the injury. The accident report indicates that Lindsay was playing a tag football game with several 6th grade boys. Neither supervising teacher saw the accident, but the boys testified that Lindsay collided with one of the boys and was knocked to the ground. Lindsay's insurance company is considering suing the district, the two teachers individually and Mr. Stephan to recover the cost of the emergency room visit, the plastic surgery, Lindsay's pain and suffering, and her parents lost wages. Mr. Stephan has been asked to investigate the incident.

A. But for the breach Lindsay would not have been injured.
B. Any breach can be a cause-in-fact of Lindsay's injury
C. The breach must be a contributing factor to Lindsay's injury
D. The breach must occur after the injury to Lindsay

Answer 1

A