Key Points Student injuries can stem from failures in school supervision, but many are also unavoidable accidents. Schools must exercise reasonable care, not perfect care, to protect students from different forms of injuries. Schools can face supervision or premises liability for reasonably foreseeable student injury. The fact that a student...
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 in schools that results in sexual abuse, death, and sports injury all present opportunities for costly negligence claims that may entail large settlements or grave...
Key Takeaways Frye Standards are more restrictive and require that testimony, ideas, and methods be generally accepted in the relevant professional community. Education experts satisfy Frye by relying on long-standing practices in the field. Daubert standards are more permissive, but expert testimony is subject to more rigorous scrutiny to ensure...
Key Takeaways: Schools and child-and youth-oriented agencies must uphold a higher standard of care tailored to a child’s unique needs when supervising children with behavioural and physical disabilities. They should ensure safety through adequate supervision of children with disabilities, specialized programs and services for qualifying students, and addressing issues that...
Expert witness testimony admissibility disputes in court are an inherent possibility. Rule 702 is the base standard for testimony scrutiny, so plaintiff and defendant attorneys should clearly understand its criteria and nuances to suitably apply it to build their case, counter the opposition, or challenge incorrect applications of the rule. Let...
When handling lawsuits brought against schools and other child- and youth-oriented organizations on grounds of negligence, discrimination, bullying, abuse, student injury, disability matters, and other student or employee rights violations, plaintiff and defendant attorneys should prioritize enlisting expert witnesses whose qualifications and testimony can withstand the scrutiny of the opposing...