Can a teacher sue a school if...?

Question

Suppose a teacher works for a non-profit private school. There is a day with truly horrific weather, in which every other local public and private school daycare, and major business closes. While snow days are hardly uncommon in the region (Maine), this one is literally a blizzard and even places that rarely close end up doing so. The teacher's employer, however, refuses to close school for the day.

If the teacher is involved in an accident while trying to get to work in inclement weather - on a day when it would have been reasonable and prudent to close school - is that grounds for a lawsuit?

This is based on a real situation in which the employer thinks he is doing something "nice" for the parents of the students. (It's not about money; parents have to pay even for snow days.)

Answer 1

Probably not.

Driving to work is generally not considered an action performed within the scope of duties, so vicarious liability laws generally don't apply. It's voluntary action by the employee, outside scope of employment. In other words, going to work (even in a snowstorm) is not "part" of the job, so the employer is not liable.

Strange way to draw the line, granted. And some states may draw it differently. But that's the common rule.

Answer 2

Yes, you can sue anyone, anytime for anything. No lawyer will take this case though. It has such a small chance of paying off that it isn't worth their time.

A small private non-profit school doesn't have enough money to make it really payoff. She needs to add Al Gore because he promised her global warming which gave her a "Reasonable Expectation" that the hazards of the snowstorm would be mitigated. Throw in the churches too, since God determines the weather.

Answer 3

If this is within the U S A
let me give you a good rule of thumb on matters of this nature-- A hamster can sue a bowl of sliced apples if he chokes !!!
Litigation is king !! The Sue Me Sue You Blues is the new National Anthem !! Yes, the teacher can sue--- success however would be highly doubtful though--- the way it is viewed in most situations of this nature--- the driver of a vehicle ASSUMES the risks involved in their situation when they choose to operated the vehicle (this is no matter WHAT the conditions may be)

Answer 4

Yes a teacher can sue....The teacher will not win. What would keep them from suing on a sunny day when the sun got in their eyes..
The teacher has to take responsability to drive their self to work.

Answer 5

If you can find an attorney to represent you, a legal suit is possible against anyone: a school, Federal or state governmental agencies, churches, fraternal organizations, your mother, the florist who delivered flowers to your mother's funeral. the ambulance driver who drove your mother to the hospital.

Run your fingers through the Yellow Pages and find an attorney who will represent you.

Answer 6

In this society of course you can sue. Blaming someone else for (most likely "her") inability to drive. No one ever takes self responsibility anymore.