28 March 2015
School Boards Left On the Hook for Wi-Fi Injuries
by Janis Hoffman, thebridgenewsservice.com, 26 February 2015
School officials could be personally liable for exposing children and staff to microwave radiation in our schools.
School districts, school boards and school medical health officers have been notified that Lloyd’s of London has now excluded any liability coverage for injuries, “directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise.” This would include the microwave radiation emitting from the commercial wi-fi transmitters and wireless devices in our schools.
In response to a request for clarification, this response was received on Feb. 18, 2015 from CFC Underwriting LTD, London, UK agent for Lloyd’s:
“The Electromagnetic Fields Exclusion (Exclusion 32) is a General Insurance Exclusion and is applied across the market as standard. The purpose of the exclusion is to exclude cover for illnesses caused by continuous long-term non-ionizing radiation exposure i.e. through mobile phone usage.”
Lloyd’s of London, one of the world’s largest insurance companies often leads the way in protection by taking on risks that no one else will. At the end of this article there is a copy of a recent renewal policy which, as of Feb. 7, 2015, excludes any coverage associated with exposure to non-ionizing radiation.
In 2011 the International Agency for Research on Cancer (IARC) dropped a bombshell on the wireless industry. They designated exposure to wi-fi radiation to be a possible human carcinogen. As well in the 1990s illnesses resulting from asbestos exposure, covered by Lloyd’s at the time, almost destroyed the insurance company. Due to these issues, it appears Lloyd’s is acting fast to avoid another such financial fiasco by not covering illnesses that result from exposure to wireless radiation.
With the Lloyd’s of London announcement, parents and teachers are left with this question: exactly who is liable if their child is harmed by wi-fi in their school? Concomitantly, are the individuals who approved the installation of wireless internet networks in our schools to be held personally liable for negligence?
School officials and administrators appear to be in a bind as they have refused to acknowledge the 1000s of peer-reviewed, non-industry funded studies by scientists and medical experts that show that wi-fi radiation is harmful, especially to children. Moreover, their dogged allegiance to Health Canada’s now invalidated safety guidelines have left parents with nowhere else to turn other than the courts. It appears that school boards’ intransigent position on the issue may have left board members themselves vulnerable to being personally sued.
School boards may be covered by directors’ insurance which applies to people who are performing their duties “in good faith.” The question is: are they still protected when it could be shown that they were being “willfully blind?”
“In good faith:” in contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties to receive the benefits of the contract.
“Wilful blindness:” (sometimes called ignorance of law, wilful ignorance or contrived ignorance or Nelsonian knowledge) is a term used in law to describe a situation in which an individual seeks to avoid civil or criminal liability for a wrongful act by intentionally putting him or herself in a position where he or she will be unaware of facts that would render him or her liable.