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School District Failed to Demonstrate It Did Not Have Actual or Constructive Notice of Student’s Potential to Harm Other Students

The Second Department, over a dissent, determined the school district’s motion for summary judgment was properly denied. The district failed to demonstrate it did not have actual or constructive notice of a student’s potential for harming other students:

“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” … . “An injury caused by the impulsive, unanticipated act of a fellow student ordinarily will not give rise to a finding of negligence absent proof of prior conduct that would have put a reasonable person on notice to protect against the injury-causing act” … .

* * * [The school district’s] submissions failed to eliminate all triable issues of fact as to whether the School District had actual or constructive notice of the fellow student’s potential for causing harm, and whether, under the circumstances, the School District provided adequate supervision during the field trip … . Lennon v Cornwall Cent. School Dist., 2015 NY Slip Op 07628,, 2nd Dept 10-21-15

 

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