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Torts: School District Breached Its Duty To Adequately Supervise Students In Its Charge

By Bashian & Papantoniou
March 06, 2011

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A student brought personal injury action against another student and the school district, seeking damages for injuries she sustained when she was stabbed in leg by that student on school grounds.  The  Supreme Court, Appellate Division, Fourth Department , held that a school district breached its duty to adequately supervise students in its charge, and thus the school district be held liable for personal injuries a student sustained when she was stabbed in the leg by another student on school grounds.  The Court reasoned that given that the school  district had notice of three altercations between the students prior to the stabbing, that the school district could have anticipated that another altercation would occur when the students returned to school following three-day suspensions, that the school district failed to provide counseling to the aggressor student despite concern over the student’s violent nature, and that the school district failed to comply with its own pre-class security plan. Read the  Opinion
Category: Litigation

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