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Absolutely. Schools are responsible for the safety of their students when they are acting in loco parentis. If he left the campus without his parents' authorization, the school failed to adequately supervise the student and can be liable for the foreseeable consequences for their negligent supervision.
The walkout organizers did not say to take that opportunity to leave campus and they sure did not preach to go play on a highway. No I see this is a terrible accident by a kid who took advantage of an opportunity to walk away from school for a day.
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Quote:
Originally Posted by Bitey
Absolutely. Schools are responsible for the safety of their students when they are acting in loco parentis. If he left the campus without his parents' authorization, the school failed to adequately supervise the student and can be liable for the foreseeable consequences for their negligent supervision.
I don't agree.
They took reasonable care. This isn't a 3 year old. He's a mainstream 6th grader who decided to cut class and sneak out of the one door that wasn't being watched.
A public middle school can't possibly - on any given day - physically prevent kids from leaving campus. It's not as if he escaped from a maximum security prison, or a memory care facility.
His behavior of leaving school grounds, and then crossing a highway on foot when a car was approaching caused his death.
They took reasonable care. This isn't a 3 year old. He's a mainstream 6th grader who decided to cut class and sneak out of the one door that wasn't being watched.
A public middle school can't possibly - on any given day - physically prevent kids from leaving campus. It's not as if he escaped from a maximum security prison, or a memory care facility.
His behavior of leaving school grounds, and then crossing a highway on foot when a car was approaching caused his death.
You can disagree all you like but the case law on these matters is unambiguous. Schools are responsible for the safety of their charges, whether they are 3 or "mainstream 6th graders," while in their care. They can also be found liable for the foreseeable consequences of their failure to properly oversee their safety, such as the dangers this child placed himself into while roaming around unsupervised. Whether this school took reasonable care is an assumption on your part; that's a finding for the court to determine should the parents bring suit.
Absolutely. Schools are responsible for the safety of their students when they are acting in loco parentis. If he left the campus without his parents' authorization, the school failed to adequately supervise the student and can be liable for the foreseeable consequences for their negligent supervision.
My high school was and still is open campus. I think what you're saying only applies to special needs students and very young kids.
My high school was and still is open campus. I think what you're saying only applies to special needs students and very young kids.
It doesn't apply only to special needs and very young kids. It applies to ALL kids placed in their care.
I would hope your former high school requires liability waivers from parents before allowing kids to leave campus prior to the end of the school day. If they don't, and they wish to expose themselves to that sort of liability, I suppose that's their prerogative.
I thought he looked really cute and obviously he was "got up" as Alfalfa from the old "Our Gang" cartoons from the 1930's (?). Maybe it was a school play or Halloween or whatever. Cute kid.
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