Go to navigation Go to content
Toll-Free: (888) 497-3410
Phone: 516.791.5700
Law Offices of Jonathan M. Cooper

Why This School Assault Case Would Never Survive in New York

Blog Category:
Jonathan Cooper
Comments (0)
On August 2, it was reported that an Asian woman sued the Pennsylvania school district attended by her child to recover damages for the personal injuries she sustained when she was attacked by some African American students at the school. According to her attorney, the basis for her claim is that the the school district "fostered a culture where Asian Americans were subjected to repeated, systemic terrorization at the hands of other students."

Maybe the law is different in Pennsylvania, but in New York's courts, this case would have almost no chance of survival. And here's why:

As noted in "How to Prove Your School Negligence Case Under New York Law," New York's schools will not be held accountable for the injuries sustained by either a student or a third party (such as a parent) if the injuries were sustained as the direct result of a spontaneous, or unforeseeable act. Stated differently, unless the plaintiff can prove that the school either knew or should have known about an imminent danger on its premises - and during school hours - yet failed to act reasonably to prevent it from occurring, the plaintiff will lose.

I, for one, can't see how the plaintiff in this particular case would - or could - prove that.

Category: School Negligence / Personal Injury

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

There are no comments.

Post a comment

Post a Comment to "Why This School Assault Case Would Never Survive in New York"

To reply to this message, enter your reply in the box labeled "Message", hit "Post Message."


Email:* (will not be published)


Notify me of follow-up comments via email.