Although New York is more liberal than some other states in terms of allowing negligence claims against schools, there are those cases where it wouldn't really matter where the case was brought, because even under a heightened burden of proof, such as recklessness (as opposed to mere negligence), the claim could be sustained.

Robinson v. North Pocono School District is one such case.

In this case, which was reported upon earlier today, a seventh-grade student claimed that he sustained bone fractures after being forced to jump out of the back of a bus during a required safety drill. According to the student's parents, the school should be held liable for his injuries, because they knew that he had significant osteoperosis, and therefore should not have compelled him to participate in this drill.

In denying the school district's motion, the Court held as follows:

"[The school's] conduct if proven, rises above mere negligence to the level of egregious administrative oversight ... in utter disregard of (the student's) perilous condition."

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