Memo of Potential Liability of a Negligence

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Liability of a Negligence

Judy Taylor

From: Smith & Associates LLP

Seeking Legal Advice whether the school has a Potential Liability for a Negligence

DEFINING THE ISSUE

Under N.Y.S.3d 307, does Montauk High School has potential liability for a negligence of supervision of the school student? The issue is to investigate whether Montauk High School can be accused of negligence of the student wounded by the other student.

Short Answer

No, the Montauk High School has no potential liability for Andrew Miller, a 9th Grader because school has already suspended the student out the school, and the incident happens outside the school's premises.

Statement of Facts

On September, 2015, the Montauk High School received a letter from Andrew Miller parents threatening the school a lawsuit. The school wants an advise in order to decide whether the school needs to offer a quick settlement to avoid a legal battle with the student's parent. In August, 2015, Ms. Judy Taylor, the school principal, asked all the parents to attend the school's meeting in order to introduce Dr. Bruce Ryan, the new school psychologies to the parents. Dr. Ryan delivered a lecture to parents to enhance their greater understanding on the strategy to encourage social behavior on their teens children. Typically, Dr. Ryan covered different topics that include aggression. He offered an advise to the parents and told them to feel free to contact him whenever they want. He provided his email address. Meanwhile, Mrs. Taylor advised the parent that they are in a wonderful and professional hand.

In September, George Scott, who is a 9th Grader of the Montauk School got into trouble by throwing food around in the school cafeteria and harassed Andrew Miller, one of his classmates. The issue made the two boys to engage in wrestling at the hallway. Fortunately, none of the boys was hurt. In early September, the school suspended the two boys. Following the incident, Mrs. Scott contacted Doctor Ryan to discuss the George's behavior, and Dr. Ryan encouraged Mrs. Scott to send George to participate in the teen discussion group. Dr. Ryan further explains that the teen group usually occur every Thursday at his home after the school hour, and his home is just few meters from the school. Dr. Ryan reveals that he offers the service at no charge because it is part of his obligations to assist youth reaching their full potentials.

Enthusiastically, Mrs. Scott agreed to send George to participate in the group. Mrs. Scott also suggested to Mr. and Mrs. Miller to send Andrew to the group. Later in the day, "Dr. Ryan sent an email to Mr. Miller where he explained the ideas behind the teen discussion group and invited Andrew to attend." (Law Office Memo, 2015 p 1). After Mr. Miller has consulted with his wife, Mr. Miller replied Dr. Ryan by email stating that Andrew would attend the next meeting.

The next Thursday, after Ms. Taylor dismissed the two students from the school. Andrew told George about his mother intention to send him to join the group. Towards the school's gate, the school boys started arguing, pushing each other, and spotted by Ms. Bell, a music teacher, who was also on dismissal duty ordered them to stop their acts. However, the music teacher saw the boys continuing pushing one another towards Dr. Ryan's doorstep. By the time Andrew rang the bell, George was already punching him, and "by the time Dr. Ryan opened the door, Andrew had two broken ribs. Andrew's parents have threatened to sue Montauk High for negligence of supervision." (Law Office Memo, 2015 p 2).

Discussion

The issue is to establish whether defendant, Mrs. Judy Taylor, the principal of Montauk High School has a potential liability for a negligence under the N.Y.S.3d 307. The issue reveals whether Montauk High School can be liable to Andrew Miller for negligence under the NY (New York) Common Law. A duty of an individual is to protect others from unreasonable risks and a person breaking that breach of his or her duty is negligent of his duty and liable for injuries that has been resulted from his or her negligence. Smith v. Allen. However, the school is not expected to guide all students from harm.

The rule governing the elements and issue is that a school can be liable to student's negligent supervision if:

The school has breached its duty

The school has a duty and responsibilities in order to supervise the students, and The school has breached its duty that causes proximately student injury.

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See the case of New York Mirand v. City. The "637 N.E.2d 263, 266 (N.Y. 1994)." (Arnold, 2015 p 7).

It is essential to realize that schools are under an obligation to supervise the students adequately especially the students in their charge. In a case, the school fails to offer their duty, they will held proximately liable for foreseeable injuries that are related to the absence of carrying out an effective and adequate supervision. "Mirand, 637 N.E.2d at 266." (Arnold, 2015 p 10). The school has a duty to control all students in the physical custody similar to the duty of parents or guardians when students are at home. Moreover, the school has the duty to exercise the care for students present within the school premises similar to the care that their parents will offer them at home.

Despite the care of duty that the school is to offer for students, however, the students are not students' insurers and cannot expect to offer a reasonable supervision for all students. It is essential to realize that the Montauk High School offered a reasonable care for the students because when Andrew and George were fighting in the cafeteria, the school cautioned them and went to the extent to offer a reasonable punishment by given them a suspension in order to serve as an example to other students. Additionally, the school went to the extent of suggesting to the parent of the students to attend the psychological group discussion of Dr. Ryan to guide them on the appropriate social behavior's conduct.

However, the school cannot control all activities and movements of all students. Therefore, the school cannot be liable to every careless and thoughtless act of a student leading to a situation whereby a student injures another students. See "Stephenson v. City of New York, 978 N.E.2d 1251, 1253 (N.Y. 2012)(quoting Mirand, 637 N.E.2d at 266)." (Arnold, 2015 p 10). The school is not required to offer a constant supervision for high school students where a supervision is not required. "Convey v. City of Rye Sch. Dist., 710 N.Y.S.2d 641, 645 (N.Y. App. Div. 2000)." (Arnold, 2015 p 10). Additionally, the school's duty of care does not extend after the school hours and beyond the school premises. "Stephenson, 978 N.E.2d at 1253." (Arnold, 2015 p 10). However, if the injury happens during the school hour, the NY (New York) courts allow the school to extend their duties off the school premises.

It is essential to realize that the injury of Andrew did not happen within the school premises. Moreover, the injury did not happen during the school hour, the injury happened off the school premises and after the school had suspended the two students. Since the injury happens outside the school premises, the school has no duty to offer the care of duty at the time of injury. Moreover, the school has no duty to offer a supervisory service to students at the time of Andrew's injury because the injury is sustained out of the school premises. Thus, the school has no duty to offer duty of care for students after or before the school hours because there is no teacher to supervise the students' conducts.

The case of Stephenson v. City of New York is similar to our case. In the Stephenson case, a student assaulted another student two blocks away from the school before the school started the school duty. However, the school suspended the two students for a prior altercation. The assistant principal attempted to avoid a further altercation by carrying out a dismissal of the students at different hours. The plaintiff pointed out that the other student has threatened him. The outcome of the case reveals that the school does not have to offer a duty of care because the incident happens out of the school hour where there is no teacher to supervise the incident.

Based on the issue of the Andrew's injury, the school was not liable to the injury because the fight between the two students happened after the school had dismissed the two students. Moreover, the fight did not happen within the school premises, the fight happened at the doorstep of Dr. Ryan, the home of the school psychologist off campus. To establish that a negligence has occurred, there must be a duty of care as well as breach of that duty. To determine whether the school has breached its care, there is need to established appropriate….....

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