Questions and Answers: Liability of Faculty on Field Trips
Can I be sued for something that happens to a student or other person on a field trip?
Yes, but you can also be sued for something that happens on campus, or in your home, or anywhere else, whether you were in the wrong or not. The location does not matter. For more information about liability exposure in general, see "What If I Get Sued for Doing My Job?".
Is a faculty member "on duty" when they accompany students on field trips?
Yes, if the trip is part of the requirements for a course, or is otherwise connected with the faculty member's official duties. If the faculty member elects to go along only for personal reasons (i.e., recreational trips), then he or she might not be considered to be on university business. Normally, if a faculty member is on the university payroll and is assigned to accompany the students as part of the job, that is sufficient.
Does this mean I have to spend 24 hours of every day with the students while on the trip?
Faculty are expected to exercise their own professional and personal judgment about the level of supervision and control they should exercise on field trips. There is no hard and fast legal rule or protection that applies in every circumstance. The general common law standards of reasonable care apply.
What should I do before the trip in order to protect myself?
BE INFORMED about as many aspects of the trip as reasonably possible, and give some thought to things you need while en route and once you have arrived. Try walking through some possible scenarios of things that may happen on the trip that may be extraordinary. Here are some suggestions:
- Local conditions (weather, routes, alternate routes)
- University/department policies and procedures
- Emergency contact information (phone numbers, email, etc.)
- Itinerary and alternative activities
- Special equipment or supplies
Find out about applicable department, college, and university rules before you leave!
Should I buy personal liability insurance?
That is up to each individual. The State of Texas provides limits of liablity protection for its employees performing official duties. Go to our brochure entitled, "What if I Get Sued for Doing My Job?" to see the details of this protection. If you decide you need different protection, you are always free to purchase other coverage at your expense.
What types of things should I consider when making decisions while on the trip?
We offer a suggested list, but each trip and each situation are unique. Any number of factors may change from one situation to the next. Here is a brief list of factors you should consider (this is NOT meant to be an exhaustive list of these factors):
- Location: urban, rural, remote
- Political: civil or military unrest
- Type of activities conducted: laboratory, classroom, field work
- Size of group
- Students: ages, experience, maturity, special needs
