Practice point: In order to find that a school has breached its duty to supervise when one student is injured by another, a plaintiff must show that the school had sufficiently specific knowledge or notice of the dangerous conduct, such that it reasonably could have been anticipated.
Practitioners should note that notice of prior similar conduct is generally required because school personnel cannot reasonably be expected to guard against all of the spontaneous acts that take place among students daily.
Case: Andrew T. B. v. Brewster Cent. School Dist., NY Slip Op 08571 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
