Practice point: A school has a duty to exercise the same degree of care toward its students as would a reasonably prudent parent. A school, however, is not an insurer of its students' safety, and will be held liable only for foreseeable injuries proximately related to the absence of adequate supervision.
Student note: Where an accident occurs in so short a span of time that even the most intense supervision could not have prevented it, any lack of supervision is not the proximate cause of the injury and summary judgment in favor of the school is warranted.
Case: Diaz v. City of Yonkers, NY Slip Op 00891 (2d Dept. 2013).
Here is the decision.
Monday’s issue: Failure to appear at a hearing.
