Negligent Liability and the Foreseeability Factor: A Critical Issue for School Counselors

Negligent liability suits involving school counselors are not common, but such litigation seems to be increasing. In most of the cases cited, the defendant's alleged negligence emanated from his or her failure to provide reasonable care to individuals who were later injured or killed. Reasonable care is the standard of conduct that a reasonable and prudent person maintains in protecting those to whom he or she owes a duty of care from unreasonable risks. The author emphasizes the role that the element of foreseeability plays in determining the outcome of negligence cases and indicates those areas of responsibility that are most subject to litigation.