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PLAINTIFF, A DEVELOPMENTALLY DISABLED STUDENT, WAS KNOCKED OVER BY ANOTHER STUDENT; THE DEFENDANT SCHOOL HAS A DUTY TO PROPERLY SUPERVISE ITS STUDENTS; QUESTIONS OF FACT PRECLUDED SUMMARY JUDGMENT IN FAVOR OF DEFENDANT SCHOOL (THE YOUNG ADULT INSTITUTE, INC.) (SECOND DEPT).

The Second Department, reversing Supreme Court, determined there were questions of fact precluding summary judgment in favor of defendant in this negligent supervision case. Plaintiff, a developmentally disable adult and a member of defendant Young Adult Institute, Inc. (YAI) was knocked over in a parking lot by a fellow student:

Programs such as YAI that provide services to developmentally disabled adults have a duty to adequately supervise such students in their care, “and are liable for foreseeable injuries proximately related to the absence of adequate supervision” … . “‘[I]n determining whether the duty to provide adequate supervision 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, that the third-party acts could reasonably have been anticipated'” … . “‘Even if a breach of the duty of supervision is established, it must [also] be demonstrated that such negligence was a proximate cause of the injuries sustained'” … . “‘The test for causation is whether under all the circumstances the chain of events that followed the negligent act or omission was a normal or foreseeable consequence of the situation created by the school’s negligence'” … . Sclafani v Young Adult Inst., Inc., 2025 NY Slip Op 04266, Second Dept 7-23-25

Practice Point: ​A provider of services to developmentally disabled adults has a duty to adequately supervise its students. Here there were questions of fact about whether supervision was adequate. Plaintiff student was knocked over by another student in a parking lot.

 

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