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Education Expert Blog on School Liability

Articles & News about School Liability

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...

The relationship between private schools and their students is very different than the one that exists when a student is in a public school. In private schools, the relationship is contractual in nature. The contract is expressed or implied in written documents, such as promotional literature, student applications, and student...

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...

For schools, daycare centers, after-school programs, and camps, children with disabilities often present significant supervisory challenges. If these children’s needs are not adequately addressed and a child is seriously injured or killed, negligent supervision may be viewed as a proximate cause. But what constitutes reasonable supervision of children with behavioral...

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...

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...

Negligence of teachers, coaches, camp counselors, bus drivers and others resulting in injury to a child is ever present the news. Negligence that results in sexual abuse, death, injury from faulty equipment, and sports accidents all present opportunities for large settlements or jury verdicts. Plaintiff and defendant attorneys can follow a...

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...

A school’s duty to protect its students from harm doesn’t begin and end when the bell rings in the morning and afternoon. Transporting students safely to and from school is an important consideration in a school’s risk portfolio. This area, however, is highly nuanced, and it’s not always immediately clear...

As we approach summer, many children look forward to graduation or summer camp, or are excited about building memories and finishing the school year with exciting field trips and proms. Few schools and camps, however, consider the liability that might stem from relaxed rules, “summer fever,” and hastily organized activities....

Wherever there are public and private schools and organizations that provide activities for children, there are stories about school sexual harassment and abuse. In West Virginia, a fifth-grade teacher started a “sex club” with some of her students. She brought them to her home to “teach” them, by demonstration, about...