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9/5/2011
Jonathan Cooper
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How One California Teen's School Assault Case Would Fare in New York


Truth be told, from the information gleaned in this case, I think that the assault against this teen that occurred on school grounds would likely face an uphill battle in any jurisdiction - let alone New York.

And here's why:

This was a targeted, criminal act by third parties - i.e., non-school personnel. Therefore, unless this student would be able to prove via competent evidence (rather than abject, rank speculation) that the school was aware (or should have been aware) of an impending danger to its student (the plaintiff), yet failed to take reasonable precautions to prevent this violence from coming to fruition on its grounds, the claim will probably fail.

As noted in "How a School Can (Not) Be Liable for an Assault Under New York Law," this is school assault  law 101.


Category: School Negligence / Negligent Supervision



Author of the Free consumer guide to New York accident cases, "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," Long Island and Queens, New York school negligence, school injury, negligent supervision and child injury lawyer Jonathan Cooper is available to answer your questions regarding school liability for negligence under New York law. For additional information on these topics, please feel free to contact his main office in Nassau County, Long Island at 516-791-5700.



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