Practice point: During school hours, the supervisory standard is that of the reasonably prudent parent, but the lesser standard of a reasonable and prudent person applies to a student's voluntary participation in an intramural or extracurricular school sport.
Students should note that the duty to protect is a function of the school's physical custody and control over its students, and so once a student leaves the school's orbit of authority, the custodial duty ceases.
Case: Hansen v. Bath & Tennis Marina Corp., NY Slip Op 03872 (2d Dept. 2010)
Here is the opinion.
Tomorrow's issue: Motion practice.
