Practice point: A school owes a duty to adequately supervise the
students in its care, and may be held liable for foreseeable injuries
proximately related to the absence of adequate supervision.
Student note: In determining whether the duty has been breached in the
context of injuries caused by the acts of fellow students, it must be
established that school authorities had sufficiently specific knowledge
or notice of the dangerous conduct which caused injury; that is, the
third-party acts could reasonably have been anticipated.
Case: Fernandez v. City of Yonkers, NY Slip Op 03847 (2d Dep't May 18, 2016)
Here is the decision.
Tomorrow's issue: A fall, summary judgment, and the admissibility of affidavits.
