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EDUCATION EXPERT BLOG: EDUCATION LAW AND SCHOOL LIABILITY ISSUES

Personal Injury, Private Schools, School Liability Section 1983, School Negligence Lawsuit, School Sports Injury, School Transportation Injury, Special Education, Student Rights, Uncategorized, Wrongful Death
April 23, 2015

For schools, summer camps, and day care centers, one of the key functions of student supervision is to identify dangerous conditions and then either stop the activity or warn of the danger. The supervisor must take appropriate action for the protection of the children. Duty to warn contemplates both having...

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Daycare Negligence, Education Expert, Governmental Immunity, Personal Injury, Private Schools, School Liability Section 1983, School Negligence Lawsuit, School Premises Liability, School Safety & Security, Wrongful Death
March 26, 2015

Keeping children safe in schools, preschool and daycare programs, summer camps, on playgrounds, and other locations is a primary responsibility of those who administer such programs. When a child becomes injured and the claim is negligent supervision, a school or other agency will have a greater chance of prevailing when...

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Child/Student Supervision, Personal Injury, School Liability Section 1983, Sexual Abuse, Sexual Harassment, Student Rights, Title IX
December 18, 2014

When child abuse is alleged to have taken place in a school, daycare facility, preschool program, summer camp, or other entity responsible for the supervision and safety of children, there is always the possibility that the entity may be liable if negligence can be established. Schools and other entities with...

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Bullying, Child/Student Supervision, Education Expert, Harassment, Harassment/Bullying, Hazing, Personal Injury, School Liability Section 1983, School Sports Injury, Sexual Abuse, Sexual Harassment, Student Rights, Title IX
November 18, 2014

School coaches have a duty to protect athletes from harm, including emotional or physical harm that may result from locker room hazing. High school hazing in athletics has many beginnings — the most prominent being an attitude of superiority among senior athletes and the belief that a weaker or younger...

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Bullying, Campus Sexual Assault, Child/Student Supervision, College Sexual Violence, Daycare Negligence, Education Expert, Governmental Immunity, Harassment, Harassment/Bullying, Personal Injury, Private Schools, School Liability Section 1983, School Management, School Negligence Lawsuit, School Safety & Security, School Sports Injury, School Transportation Injury, School Violence, Sexual Abuse, Sexual Harassment, Special Education, Student Rights, Title IX, Wrongful Death
October 23, 2014

When a student personal injury in a public school triggers litigation, plaintiff and defendant attorneys must address the concept of governmental immunity. In general, governmental immunity shields public schools from tort litigation and liability. Governmental immunity is not universally applicable, however, depending on how the facts of a specific case...

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Child/Student Supervision, Education Expert, Personal Injury, School Liability Section 1983, School Negligence Lawsuit, School Sports Injury, Wrongful Death
April 17, 2014

Injuries are a part of intramural and extramural sports and recreation programs. According to the National Federation of State High School Associations, high school athletes account for 2 million injuries, 500,000 doctor visits, and 30,000 hospitalizations each year. There’s a certain level of risk assumed by a child who participates...

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Education Expert, Personal Injury, School Liability Section 1983, School Management, School Negligence Lawsuit, School Safety & Security, School Transportation Injury, School Violence, Wrongful Death
March 19, 2014

Student injury or death often brings negative attention to a school. In fact, the first thing often reported publicly is an injured party’s claim that an incident stemmed from the negligence or misconduct of a staff member responsible for a child’s safety — a teacher, coach, or bus driver, for...

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Child/Student Supervision, Education Expert, Personal Injury, School Liability Section 1983, School Management, School Negligence Lawsuit, School Safety & Security, School Transportation Injury, School Violence, Sexual Abuse, Sexual Harassment, Title IX, Uncategorized, Wrongful Death
December 18, 2013

Unquestionably, schools have a responsibility to protect children from harm. The same goes for agencies such as day care centers, summer camps, and after-school programs. Schools and agencies, however, are not the ultimate protectors; that role falls to employees, who must act on behalf of the school in a way...

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Child/Student Supervision, Education Expert, Personal Injury, School Liability Section 1983, School Management, School Negligence Lawsuit, School Safety & Security, School Violence, Student Rights, Wrongful Death
November 21, 2013

The uncertainties surrounding the Massachusetts teacher murder of Colleen Ritzer last month and the death of student Kendrick Johnson in Georgia earlier this year illustrate how the unexpected can occur and school safety and security is a serious concern schools administrators are faced with on a daily basis. Schools have...

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Child/Student Supervision, Education Expert, Personal Injury, School Liability Section 1983, School Management, School Negligence Lawsuit, School Safety & Security, School Transportation Injury, Sexual Abuse, Sexual Harassment, Student Rights, Title IX, Uncategorized, Wrongful Death
October 24, 2013

School negligence cases involving teachers, coaches, camp counselors, bus drivers, and other personnel resulting in injury to a child are ever-present in the news. Negligence that results in sexual abuse, death, injury, and sports accidents all present opportunities for costly negligence claims that may entail large settlements or grave jury...

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Child/Student Supervision, Education Expert, Personal Injury, School Liability Section 1983, School Negligence Lawsuit, School Safety & Security, School Transportation Injury, Wrongful Death
September 11, 2013

The death of a child is always emotionally difficult for parents, relatives, and caretakers. Often, an allegation arises that the death resulted from the negligence or misconduct of the person responsible the safety of the child.  In wrongful death lawsuits against schools and agencies determining the merit of such an...

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