Wednesday, September 30, 2015

A school's common law duty to supervise.

Practice point:  A school owes a common-law duty to adequately supervise its students.  However, to impose liability based on inadequate supervision, a plaintiff's injuries must have been foreseeable and proximately related to the absence of adequate supervision.

Student note:  Schools are not insurers of safety because they cannot reasonably be expected to continuously supervise and control all movements and activities of students; therefore, schools are not to be held liable for every thoughtless or careless act by which one pupil may injure another.

Case:  Binani v. City of New York, NY Slip Op 06871 (2d Dept. 2015)

Here is the decision.

Tomorrow's issue:  Leave to amend, pursuant to CPLR 3025(b).