Legal Responsibility and Risk Management in Schools

Ms. Pearl Law was recently invited to New Asia College to deliver a legal seminar for the school’s teaching and administrative staff. The seminar, titled “Legal Duties and Negligence in School Settings”, aimed to provide insights into the legal obligations schools bear in their daily operations, especially with respect to student safety, disciplinary policies, and risk management.

Legal Principles Behind the Duty of Care

During the seminar, Ms. Law explained the four essential elements of negligence under tort law: duty of care, breach of duty, causation, and reasonably foreseeable damage. She emphasized that schools owe a duty of care not only to students, but also to staff and visitors. Whether that duty has been breached depends on the specific circumstances and whether reasonable steps were taken to prevent harm.

This includes maintenance of school facilities, proper supervision during school activities, and the anticipation of risks involving vulnerable or high-needs students. Importantly, even if an incident occurs, liability does not automatically follow if the school has taken reasonable and appropriate action.

Case Studies and Legal Reflections

To illustrate these legal principles in practice, Ms. Law shared notable Hong Kong case judgments involving schools. In one case, a student was injured due to a broken classroom door handle—courts found the school liable due to failure to maintain the premises. In another, a student suffered psychological distress due to disciplinary actions deemed excessive in duration and nature. The court ruled that the school had not balanced its educational objectives with the mental health risks posed.

These cases serve as reminders that school actions, even when well-intentioned, can lead to liability if they overlook the potential legal implications or fail to prevent foreseeable harm.

Practical Recommendations for School Administration

In the second half of the seminar, Ms. Law discussed preventive strategies for school management. These included developing regular facility inspection routines, conducting risk assessments before off-campus activities, and maintaining clear communication with parents and staff—particularly when dealing with students with behavioral or emotional needs.

She also noted that having clear internal procedures helps reduce uncertainty when responding to emergencies or complaints, ensuring the school’s actions remain accountable and defensible.