May 17, 2012
A school's duty to supervise.
Practice point: Schools are under a duty to adequately supervise the students in their charge,and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision.
Student note: Schools are not insurers of safety, however, for they cannot reasonably be expected to continuously supervise and control all movements and activities of students. Therefore, schools will not be held liable for every thoughtless or careless act by which one pupil may injure another.
Case: Benavides v. Uniondale Free School Dist., NY Slip Op 03393 (2d Dept. 2012).
Here is the decision.
Tomorrow’s issue: An emergency responder’s reckless disregard.