Legal Aspects: Supervisory Duty During Extreme Weather on School Trips

Note: This article does not constitute legal advice but is for general information purposes.

The duty of care (Aufsichtspflicht) is one of the most central responsibilities of teachers on class trips. It includes the duty to protect students from foreseeable dangers. Extreme weather events are such a foreseeable danger.

Proactive Planning is Part of the Duty of Care

The duty of care does not begin only when danger arises, but already in the planning phase. Courts expect teachers to actively inform themselves about potential risks. This includes:

• Duty to Inform: You must inform yourself before and during the activity about the current weather forecast and especially about official severe weather warnings (e.g., from the DWD).
• Risk Assessment: You must evaluate the planned activity in light of the weather forecast. Proceeding with a mountain hike during a thunderstorm warning can be considered gross negligence.
• Adaptability: You must be able to flexibly change, postpone, or cancel plans if safety cannot be guaranteed.

Acting in Case of Acute Danger

If severe weather develops unexpectedly, you as the supervisor must react appropriately. Ignoring an emerging danger (e.g., continuing to hike despite rumbling thunder) constitutes a breach of the duty of care. Your decisions must always prioritize the safety of the students over the planned program.

Documentation as a Safeguard

It is advisable to document your decisions. A brief note in the trip log such as "2:30 PM: Hike aborted due to approaching thunderstorm and DWD warning; returned to the hut" can be crucial in a dispute to prove that you have fulfilled your responsibility.

Ultimately, the rule is: when in doubt, always decide in favor of safety. An aborted trip is better than an accident.