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8/11/2011
Jonathan Cooper
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How One Student's Texting Led to a Bizarre School Negligence Claim


If you've read more than one of my articles regarding school negligence, it's no secret that I am all for holding schools accountable for their actions - or inaction - when they are negligent, and fail in their duty to stand in the parents shoes, and protect their students. But some people take the concept of school negligence way too far. And a lawsuit that was recently filed by a high school student's grandparents in Prince Albert in Canada is exactly one such case.

Apparently, after having confiscated the student's cell phone for texting during class, the principal read the message which indicated that the student had some information regarding a stolen car. The police were called, and they in turn pushed the student to respond to the message, which then led to their locating the stolen car.

Here's where it gets interesting.

The grandparents claim that their grandson has now been "blackballed," and therefore, they seek compensation for their need to drive him to a distant school to assure his well-being.

While I don't condone the principal prying into the student's private cell phone without good cause, I find it hard to sympathize with a teenager who feels threatened after having involvement - even if only tangentially - with a stolen vehicle. And I don't see how that rises to the level of school negligence, such that the school should be compelled to compensate him or his guardians for his poor choices.

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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