New York Noncompete, Trade Secret & School Negligence Blog
This blog by the six-time published author Jonathan Cooper, is intended to educate the general public about issues of interest, particularly innovations and changes in the law, in the areas of non-compete agreements, breach of contract matters, school negligence (and/or negligent supervision), construction accidents, slip and/or trip and fall accidents, auto accidents, and, of course, defective or dangerous products.
For additional information on any of these topics, readers are encouraged to download these FREE e-books:
- To Compete or Not to Compete: The Definitive Insider's Guide to Non-Compete Agreements Under New York Law
- When Schools Fail to Protect Our Kids
- When You Don't Have a Written Agreement
- Why Most Accident Victims Do Not Recover the Full Value of Their Claim
- Why Are There So Few Successful Defective Products Lawsuits?
In a personal injury case that concluded just last week, a jury awarded $285,000 to a 12 year-old student who was assaulted, and beaten unconscious by a fellow 13 year-old student while a teacher stood less than 5 feet away. Although the school issued a public statement claiming that they intend to appeal the jury's finding because they believe there was nothing that the school could have done to prevent the fight from occurring, the plaintiff's attorney noted that the jury's finding that the school was negligent and had acted unreasonably was solidly grounded because the fight took place just a few feet from a teacher, who did nothing to stop the fight - which continued for over 2 minutes - other than press a panic button. In my view, this case will be a close one, because while the school's position certainly has merit, the plaintiff will likely argue that although the school could not have prevented the start of the fight, they should have been able to prevent the continuation of the fight, which lasted for over 2 minutes, and that the child's injuries were primarily sustained in the middle of the assault, rather than at the beginning of the fight. More information on this topic can be found at "How To Prove Your School Negligence Case."