NY school liability for student injury tied to control over event

May 09, 2013 (Press-News.org) Whether a New York school district is responsible for a student getting hurt at a school-related function depends on how much control the district has over the activity, says a recent appeals court opinion. If the school has enough control over what is happening at the event that it could monitor and stop negligent activities or dangerous behavior that could cause an accident or injury, then it may be liable if it does not fulfill its duty to prevent negligent harm when someone is injured as a result.

The Germantown example

In 2009, a five-year-old girl was injured at a "Family Fun Night" at a school in the Germantown Central School District when she climbed on a 70-pound "pinscreen" that subsequently fell over. According to the Register-Star News, tragedy struck and she sustained a traumatic brain injury.

Her parents filed a personal injury lawsuit alleging school-district liability for their daughter's injuries. They also sued the event's sponsor, the Germantown Central School District Parent Teacher Student Association, referred to as the PTSA. (The Register-Star also mentions that the inventor of the screen was sued, but the appellate opinion does not mention him.)

The defendant district and PTSA moved the New York trial court to grant summary judgment in their favor, which is a judicial declaration that the facts of the case are not in dispute and that those undisputed facts can only support a judgment of no liability against the defendants. The court denied that motion and on appeal, the appellate court agreed with the trial court, finding that questions of fact still needed to be resolved at a trial.

School control

The parents alleged that the school district and the PTSA did not adequately supervise and oversee the pinscreen activity. It was also claimed that the PTSA, which arranged for the equipment to be at the event, was negligent in failing to see that the exhibit was unsafe and posed an "unreasonable risk" of harm.

The school district countered that it did not "direct or control" the event, so it did not owe any duty to the people at the event and was not liable for the little girl's injuries. The appellate court disagreed, finding that factual questions existed that needed to be answered at trial on the issue of whether the district had the degree of control over the Family Fun Night that gave rise to a duty to keep people safe from negligent conditions or circumstances.

The appellate court cited several possible factors that would tend to show school-district control of the event:
- Whether the district had to give permission for the activity to be held on school property
- If at the same time and place as the PTSA event, the district was holding a science fair, and the two events were advertised together by the district
- If school-district employees assisted with Family Fun Night preparation
- Whether a school nurse in attendance was present in an official capacity

Similar findings were made in conjunction with the claims against the PTSA.

Settlement reached

The Register-Star reports that after the appellate court refused to grant the summary judgment motion made by the school district and the PTSA, the parties settled the case out of court. The amount of the settlement is not mentioned in the article and is likely confidential.

If your child is hurt while in school or at a school-sponsored event in New York, you should speak with an experienced school liability attorney to learn your legal rights and potential remedies. Do not delay, as important legal deadlines for giving notice and filing claims are strictly enforced in New York and the failure to make a timely filing may preclude the bringing of a lawsuit and forever bar the injured person's right to a recovery.

Article provided by Dansker & Aspromonte Associates
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