The Duty And Breach Of Duty Essay

1226 WordsSep 18, 20165 Pages
A school can be held liable for negligent supervision if a plaintiff can prove four elements: the school had the duty to protect the student from foreseeable harm, the school breached that duty, the negligence was a proximate cause of the harm, and the student sustained actual injury as a result of that harm. Mirand v. City of New York, 84 N.Y.2d 44 (N.Y. 1994). This memorandum will assume that proximate cause and damages have already been proven in order to explore the issues of duty and breach of duty. To see a discussion of proximate cause and damages please consult the memorandum being prepared by another associate. A school has the duty to protect its students while they are under the physical custody of the school. CITE. In order to breach that duty, the school must fail to act while it is on notice of the intentional act of one of its students. CITE. This memorandum will show that both of these elements are present in the case. Thus, Martina Toole, the plaintiff, has a claim against Lyons Burke. When a school assumes “physical custody” over its students, it assumes the role of a guardian, and thus owes a duty to “adequately supervise” its students. CITE. In Mirand, two sisters were attacked by a group of fellow students during a time the students were under the supervision of the school. The school was found to have a duty to protect its student in that case because the intentional act took place at an exit during dismissal time. The court recognized that they had

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