Is a Teacher Always Immune from Liability?

October 2016

In Wisconsin, those working for the government are provided immunity for discretionary actions they take while at work.  However, there are many exceptions to the rule of immunity for government employees.   So, the answer to the question posed above is that a teacher is not always immune from liability.

An example is the case of Heuser v. Kenosha Unified School District #1. In this case, a young boy was the third boy in one day to be cut in biology class by a scalpel.  When the scalpel cut the young boy, it severed a tendon in his finger.  The court reviewing the situation looked at the fact that two other children had already been hurt in determining that the teacher had a ministerial duty to stop the way the scalpels were being used.  With the decision that the activity was not discretionary, the teacher was held to not have immunity.

The law regarding immunity can be complex.  If you are injured due to the fault of a government entity, you should seek the advice of an experienced attorney.  You should also not wait long after the injury to seek legal advice.  There are certain notice requirements which apply to government claims which do not apply to other types of claims.

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