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Law Offices of Jonathan M. Cooper

Q:
If my child is injured off of school premises or not during school hours, does that automatically mean that the school cannot be held liable for negligent supervision under New York law?

A:
While the general rule is that a school cannot be held liable for incidents that occur outside the orbit of the school's authority, i.e., off of school grounds, there are limited circumstances where New York's courts have held schools negligent even where the incidents occur off of school premises, such as where the school "releases a child without further supervision into a foreseeably hazardous setting it had a hand in creating."