In response to a formal complaint filed against a Catholic school alleging that their teenage son sustained concussions and hearing loss following a series of schoolyard bullying incidents where he was stomped upon by fellow students, the school adopted the textbook response, denying it was ever made aware of the prior incidents.
"Why is that significant?" you ask.
Granted, this case wasn't brought in New York, but the principle at issue is likely the same:
Unless the plaintiffs can demonstrate that the school either knew, or should have known, about the prior incidents, yet failed to undertake reasonable measures to prevent the subject incident from occurring, chances are that the case will be dismissed.
For additional information on school bullying under New York law, please see "Can a School Be Held Liable for Bullying Under NY Law?"
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