Obviously, it would be impossible for Buffalo schools to watch every single student at all times to ensure that a personal injury accident does not occur. Schools, however, are required to provide a certain standard of supervision to provide for the safety of the students.
While the courts have ruled that schools are not the insurers of students’ safety, schools in New York State are required to supervise students using the same degree of care that a parent of ordinary prudence would exercise under comparable circumstances. Under this standard, whether the required degree of supervision has been met or not will usually require an analysis of the specific circumstances surrounding the injury.
As a result, when a personal injury lawsuit is being contemplated against a school district, the family of the injured child should consult with an experienced personal injury attorney to determine if there is merit to a claim that this standard of supervision has been breached. While different individuals will have differing opinions regarding what constitutes “ordinary prudence” under the circumstances, an experienced personal injury attorney will be able to provide some guidance based on prior law regarding this issue.
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