Thursday, March 29, 2007

For this plaintiff, school's out.

Schools have a cognizable duty to provide supervision to ensure their students' safety, and they will be held liable if (1) a student's injury was foreseeable, and (2) the lack of adequate supervision was a proximate cause of the injury, according to the Second Department, in Link v. Quogue Union Free School District, decided on March 20, 2007. Here, though, the accident happened in such a short span of time that, even if the school's supervision had been inadequate, it could not have proximately caused the injury. Summary judgment was granted, and the complaint was dismissed.