As noted in "One Way to Recover Damages for Bullying at School Under New York Law," the typical - and strongest - way to recover for bullying that occurs at school is under common law negligent supervision principles, i.e., demonstrating that the school had notice of the problem at school, yet failed to undertake timely and reasonable measures to remedy the bullying.

A second way that is available, albeit a much narrower category of bullying, and also more difficult to prove, is that the plaintiff's civil rights were violated. (For more on this latter category of claim, please see "Why Federal Law is Unlikely to Help Your Bullying Case in NY").

Jonathan Cooper
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Non-Compete, Trade Secret and School Negligence Lawyer