LEGAL LIABILITY FOR LABORATORY ACCIDENTS IN EDUCATIONAL INSTITUTIONS : As mentioned in some of the earlier sections, law is not directly available to decide legal liability for laboratory accidents in educational institutions.
Fortunately such accidents are very few - not sufficient to gain legal attention. In the event of any accident, the teachers, the laboratory staff concerned and the Head of the institution should establish that all reasonable steps have been taken and necessary care has been exercised to avoid committing an offence. If a student is guilty of causing the accident due to carelessness and, is of age where he/she could be responsible for the acts performed, he/she is deprived of compensation for the injuries.
If it is established that the responsibility for the accident lies with the institution or its employees, then the compensation claim, if any, may have to be settled by the management of the institution. This flows out of the 'Law of Torts'. 'Tort' means an injury or damage for which monetary compensation could be claimed through civil court action. The settlement of compensation claims as preview of Torts' is generally according to the principle that the employer (institution) should take the financial responsibility for the faults committed by its employees (teachers or the laboratory staff). Hence the institution may be required to settle compensation claims for laboratory accidents. But the teachers or the laboratory staff may face court action or department action for negligence in duty.
It is recommended that the teachers, laboratory staff and the students are insured under Personal Accident Policy offered by General Insurance Companies. Schemes are available for insurance covering death, permanent disability and temporary disability of teachers, lab staff and students. A few of the educational institutions in Delhi are already utilising this scheme. In case of accidents, the insurance company would provide compensation.