School Not Liable for Sudden, Unexpected Injury of One Eighth Grade Student by Another

Case: Rosborough v. Pine Plains Central School District

Court: Supreme Court, Appellate Division, Second Department, New York

Date: 7/12/12

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens;Queens accident attorney)

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Facts: This lawsuit is against a school. The eighth-grader plaintiff was injured in an accident when, during a fire drill, another student threw a stick and hit her in the eye.

The basis of this lawsuit is that the school didn't properly supervise its students.

Held: A school is not required to prevent all injury to its students. However, it must guard against foreseeable harm.

To be held responsible for this accident, the school would have to have ignored a specific threat of harm. Here, the injury was caused by a sudden, unforeseen act. The school can't be held responsible in such situations. Therefore, summary judgment is granted to the school and this accident case is dismissed.

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