Liability in Negligence for an Assault by a Third Party–CLE Course Part 3

NOTE THAT THE ACCREDITATION OF THIS COURSE EXPIRES ON AUGUST 19, 2020

THE COURSE WILL NO LONGER BE AVAILABLE AFTER AUGUST 19, 2020

LIABILITY IN NEGLIGENCE FOR AN ASSAULT BY A THIRD PARTY—PART 3 of 3

Course #TRTo740 (Transitional and Nontransitional) Prerecorded Audio (On Demand/Recorded-Audio)

Hybrid Accreditation for the Period August 20, 2018, through August 19, 2020

This Course Is Appropriate for Newly Admitted and/or Experienced Attorneys

Areas of Professional Practice: 3.5 CLE Credit Hours

Note: Before Relying On Any Decision Summarized on this Site, Including the Summaries in the CLE Written Materials, Make Sure It Remains Good Law Using the Method You Trust for that Purpose. See the Discussion Under “Shepardize” in the “How to Use the New York Appellate Digest” Section on the Home Page.

The course, in three parts, organizes selected decisions released between January 2013 and September 2017 which address liability in negligence for an assault on the plaintiff by a third party. For example, the liability of a landlord for an attack on a tenant in an apartment house or office building, the liability of a bar for an attack by or on a patron, the liability of employers, including municipalities, for an attack on or by an employee, the liability of a county for an inmate on inmate assault, the liability of a residential facility for an assault on or by a resident, the liability of a school district for an attack on or by a student, and the liability of a homeowner for an attack on or by a guest.

The course includes decisions issued through September 2017. (The NYS CLE Board’s approval process takes time, and creating this new website as a platform for the CLE podcast took time, hence the September, 2017 cut-off.) You can easily call up all the decision-summaries on this topic which have been posted on this site since September, 2017, by using the search function (panel on the right). Choose the category “Negligence” from the drop-down menu, choose “October 1, 2017” as the start date for the search (and today as the end date), type “third party assault” (in quotes) in the “Search by Keywords” line, and click on “Search.” That will bring up “post-September-2017” decision-summaries in this area of the law.

How to Get Credit for this Course

As you listen to the course, you will hear four verification codes. After finishing all three parts of the course, print and fill out the attached “Attorney Affirmation,” including the four verification codes, your name, your signature, and the date you completed the course. Please also fill out the attached “Evaluation Survey.” Scan the “Attorney Affirmation” and the “Evaluation Survey” and email them as attachments to me, Bruce Freeman, at NewYorkAppellateDigest@gmail.com. I will then email to you the completed “New York CLE Certificate of Attendance,” as an attachment, awarding you credit for the 3.5-hour course. Or, if you wish to send and receive hard copies by regular mail, send the “Attorney Affirmation” and “Evaluation Survey” to New York Appellate Digest, LLC, 126 Colonial Village Road, Rochester, New York 14625 and make sure to include your return address.

Click on the links below for the written materials (“Liability in Negligence for an Assault on a Third Party”—169 pages), the “Attorney Affirmation” (the “verification code” form) and the “Evaluation Survey.”

Written Materials–Liability in Negligence for an Assault by a Third Party

Attorney Affirmation

Evaluation Survey

Topics Covered in Part 3 (page references are to the written materials)   I hour 4 minutes

[Links to the Other Two Parts of this Course: Part 1; Part 2]

LIABILITY IN NEGLIGENCE FOR ASSAULT BY A THIRD PARTY

IX. LIABILITY OF SCHOOLS IN NEGLIGENCE FOR ASSAULTS BY OR ON STUDENTS.. 109

LIABILITY OF SCHOOLS FOR STUDENT ON STUDENT ASSAULTS IN A NON-RECREATIONAL SETTING.. 109

PLAINTIFF ALLEGED SHE WAS THREATENED BY THE STUDENT WHO ASSAULTED HER AND SCHOOL PERSONNEL WERE MADE AWARE OF THE THREAT.. 109

THE STUDENT PLAINTIFF’S FATHER LEARNED OF AN IMPENDING FIGHT WITH ANOTHER STUDENT BY READING HIS DAUGHTER’S MYSPACE PAGE.. 111

STUDENT PLAINTIFF WAS HELD OUTSIDE A FOURTH-FLOOR WINDOW BY ANOTHER STUDENT.. 113

STUDENT PLAINTIFF ALLEGED SHE WAS ATTACKED BY TWO OTHER STUDENTS AND SUED THE SCHOOL FOR NEGLIGENT SUPERVISION.. 115

STUDENT PLAINTIFF ALLEGED HE WAS ASSAULTED MULTIPLE TIMES BY A PARTICULAR STUDENT AND HE WAS REPEATEDLY KICKED BY A GROUP OF STUDENTS IN A CLASSROOM, APPARENTLY WITH A TEACHER PRESENT.. 116

STUDENT PLANTIFF WAS ASSAULTED IN THE SCHOOL CAFETERIA WHERE HE WAS PUNCHED 37 TIMES BY ANOTHER STUDENT.. 118

STUDENT PLAINTIFF WAS PUSHED INTO A BOOKCASE BY ANOTHER STUDENT.. 120

STUDENT PLAINTIFF ALLEGED HE HAD BEEN SUBJECTED TO VERBAL TAUNTS PUSHED AND BUMPED INTO BY OTHER STUDENTS, CULMINATING IN AN INCIDENT IN THE CAFETERIA WHERE PLAINTIFF WAS GRABBED BY ANOTHER STUDENT WHO SIMULATED WHAT THE COURT DESCRIBED AS A LEWD ACT.. 122

NOTICE OF CLAIM  IS A CONDITION PRECEDENT TO A NEGLIGENCE SUIT AGAINST A SCHOOL DISTRICT.. 123

THE STUDENT CLAIMANT WAS INJURED BY A STUDENT WHO WAS UNDER AN ORDER OF PROTECTION REQUIRING THAT STUDENT TO STAY AWAY FROM THE SCHOOL ATTENDED BY STUDENT CLAIMANT.. 125

STUDENT PLAINTIFFS WERE ON A FIELD TRIP WHICH WAS CHAPERONED BY PARENTS AND TEACHERS–ANOTHER STUDENT RAN INTO THEM KNOCKING THEM DOWN.. 126

STUDENT PLAINTIFF WAS PUNCHED BY ANOTHER STUDENT ON THE SCHOOL BUS.. 128

THE STUDENT PLAINTIFF WAS SEXUALLY ASSAULTED AT SCHOOL BY ANOTHER STUDENT.. 130

THE STUDENT PLAINTIFF WAS PUNCHED BY ANOTHER STUDENT IN A CLASSROOM WITH A TEACHER PRESENT.. 131

STUDENT ON STUDENT ASSAULT DURING SCHOOL RECREATIONAL ACTIVITIES.. 134

STUDENT PLAINTIFF ALLEGED SHE WAS INTENTIONALLY PUSHED TO THE GROUND DURING A KICKBALL GAME BY STUDENT DEFENDANT.. 134

THE STUDENT PLAINTIFF WAS HORSING AROUND WITH OTHER FOOTBALL PLAYERS BEFORE THE START OF PRACTICE.. 136

AT RECESS, THE STUDENT PLAINTIFF WAS HIT BY A BALL KICKED BY ANOTHER STUDENT.. 139

STUDENT PLAINTIFF WAS PULLED TO THE FLOOR BY ANOTHER STUDENT WHILE PLAYING BASKETBALL IN GYM CLASS.. 141

THE STUDENT PLAINTIFF ALLEGED HE WAS TRIPPED BY ANOTHER STUDENT DURING A SPEEDBALL GAME IN GYM CLASS.. 142

THE SEVEN YEAR OLD PLAINTIFF WAS PLAYING TAG AT A SUMMER DAY CAMP IN A SCHOOL GYMNASIUM WHEN HE WAS PUSHED BY ANOTHER CAMPER.. 144

LIABILITY OF SCHOOLS FOR ASSAULTS BY STUDENTS ON EMPLOYEES.. 146

PLAINTIFF SCHOOL BUS DRIVER ALLEGED HE WAS ASSAULTED BY A STUDENT.. 146

PLAINTIFF TEACHER WAS INJURED WHEN SHE WAS HIT BY A STUDENT.. 147

STUDENT ASSAULTED BY UNKNOWN ASSAILANT ON SCHOOL GROUNDS.. 149

PLAINTIFF, A SPECIAL NEEDS STUDENT, ALLEGED IN HER NOTICE OF CLAIM THAT SHE WAS RAPED BY A WHITE MAN IN A LOCKER ROOM.. 149

SCHOOLS GENERALLY NOT LIABLE FOR OFF-PREMISES ASSAULTS ON STUDENTS.. 151

PLAINTIFF SUED HIS SCHOOL ALLEGING HE WAS STABBED AND BEATEN BY SIX GANG MEMBERS JUST AFTER HE (AND HUNDREDS OF OTHER STUDENTS) LEFT THE SCHOOL GROUNDS.. 151

STUDENT PLAINTIFF AND HER FATHER WERE ASSAULTED BY OTHER STUDENTS 30 TO 100 FEET FROM THE ENTRANCE TO THE SCHOOL. 153

COLLEGE LIABILITY FOR STUDENTS INJURED BY OTHER STUDENTS, HERE DURING A FRATERNITY INITIATION.. 154

PLAINTIFF WAS A COLLEGE STUDENT WHO WAS INJURED PLEDGING FOR A FRATERNITY.. 154

CHECKLIST OF ISSUES RAISED IN THE “LIABILITY OF SCHOOLS FOR ASSAULTS ON OR BY STUDENTS” CATEGORY.. 156

STUDENT ON STUDENT ASSAULT.. 156

STUDENT ON STUDENT ASSAULT DURING SCHOOL RECREATIONAL ACTIVITIES.. 160

LIABILITY OF SCHOOLS FOR STUDENT ASSAULTS ON EMPLOYEES.. 163

STUDENT ASSAULTED BY UNKNOWN ASSAILANT ON SCHOOL GROUNDS.. 164

STUDENTS ASSAULTED SHORTLY AFTER LEAVING SCHOOL GROUNDS.. 165

COLLEGE LIABILITY FOR STUDENTS INJURED BY OTHER STUDENTS, HERE DURING A FRATERNITY INITIATION.. 166