Kid dies on school swimming trip - who's responsible?

[Leafsfan]

This has been something headlining the news here in Toronto over the past day or so. About a month ago, it was big news when a 15-year old kid drowned during a school swimming trip at Algonquin Provincial Park here in Ontario. At the time, the news stated that each student had to pass a swimming test before they were allowed to go on the trip.

It just came out yesterday that around half of the students who went on the trip did not pass the required swimming test, including the kid who drowned. On it's surface, it looks like the school/school board is liable to be sued for wrongful death, and the parents of the child would have one hell of a case. The school allowed the kid to swim in the waters with the knowledge that he had failed a required swimming proficiency test.

As someone who's always had an interest in the law, I have one question about this though - did the parents know? The school knew he failed the swim test, did the parents know? If the parents were told he failed the test and they still signed a waiver allowing to go, that alleviates almost all of the responsibility from the school board. If they never informed the parents and they signed it because they though he passed, the school board better be prepared for severe lawsuit.

What do you guys think? Who for the most part (or entirely) is responsible in this kids death?

 

[Sir Codin]

If the school board allowed children to go anyway despite knowing these children did not pass guidelines, they should be held accountable for negligence.

Based on the information, though, it's unclear if parents are also responsible. If we have no information that parents were informed of the guidelines or even of the status of their child's determined swimming ability, then I'd say they are not at fault.

If the parents were informed, however, then things get muddy depending on whether or not they signed a waiver.

Best I can say is the school board is completely at fault unless there's evidence that parents were informed of the situation regarding the swimming test results. Then it all depends on whether or not they signed a waiver or if one was ever produced.

 

[Somewhere_]

The parents do have a really good case for wrongful death because of extreme negligence. If the negligence was intentional, then they have a hell of a great case. Unless the parents were informed, of course. In this case, both parties are liable.

I hope this is a lesson learned for future school trips other schools hold- they should follow regulations because they are there for a reason.

 

[Arsenic]

Was it stated that the schoolboard was aware that he didn't pass or is this just an assumption?

What if a teacher lied or sneaked him on the trip along with the other students.

I had a cool teacher who'd do stuff like that and just lie to the schoolboard. Hell he was going to make up a whole fake fieldtrip so we could all go eat at iHop and Fiveguys since those chains are nowhere near here.

If the board was aware, and didn't say anything to the parents, then it's their fault. If the parents were informed and still agreed (whether verbal or written) then it is the parents fault. Simple.

 

[Aliencommander1245]

I feel like even if the parents were aware he failed the swimming test, the fact that he was still being allowed to go should be taken into account. Being still allowed to go implies that "hey, even though your kid failed it should still be fine if they come".

Not knowing anything about the situation besides this thread, it's a little concerning that whatever failsafes the school had in case one student DID start drowning, regardless of their swimming level, completely failed and led to the death of a student.