On November 27th, a New York appellate court made a ruling, reaffirming the supervisory responsibilities of educators. The court ordered the reinstatement of a negligent supervision claim against an upstate school district that had previously been dismissed by a lower court.
In this case, a student with a significant disciplinary history inflicted serious harm on another student, forcefully slamming their head into a pillar. This ruling serves as a stark reminder of a school’s obligation to intervene proactively to ensure that students with violent tendencies do not harm their peers.
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A School District Accused
A student with a significant disciplinary history caused severe harm to another student by forcefully slamming their head into a pillar. The assault caused serious injuries.
Schools have a well-established obligation to protect their students from harm. This decision reinforces the premise that school districts cannot be passive in managing students with violent histories and illustrates the importance of maintaining a safe and inclusive environment for students, free from dangerous bullying.
A Student with a Troubling Past
The court's ruling was significantly influenced by the offending student's extensive disciplinary record. This record included 18 separate incidents within three years. The repeated instances of misconduct and transgressions established a clear pattern of behavior, reflecting a concerning lack of regard for the safety and well-being of fellow students.
Previous incidents revealed a disturbing pattern of misconduct, including posting explicit photos of the victim on social media. This act violated the victim's privacy and caused immense emotional distress. Furthermore, the offending student had also engaged in dangerous and harmful behavior by intentionally setting another student's hair on fire.
A Law Firm Steps Up
Benjamin F. Neidl, an attorney with Hacker Murphy, LLP, helped the victim get this case to trial. When asked about this decision, he says, "We're very pleased with the Appellate Division's decision today. The court certainly applied the law to the facts correctly. We look forward to trial.
Potential Damages the Victim Could Receive
The victim in this case may be entitled to receive various forms of compensation, also called “damages,” for the harm they have suffered. These damages are intended to help the victim recover and restore their well-being to the extent possible.
The potential damages the victim could receive include:
- Loss of Enjoyment: The bullying may have impacted the victim's ability to enjoy life as they did before the incidents occurred. If so, they may be entitled to damages for the loss of enjoyment or diminished quality of life resulting from the emotional and psychological harm caused.
- Pain and Suffering: The victim may be awarded damages for the physical and emotional pain, suffering, and distress caused by the bullying. This compensation accounts for the mental anguish, humiliation, and psychological trauma experienced by the victim.
- Punitive Damages: It may be possible for the victim to receive punitive damages. This is extra compensation that serves as a way to punish the defendant for malicious or intentional behavior and to deter similar conduct in the future.
- Reputation Damage: The victim may receive damages to compensate for the harm caused to their reputation as a result of the explicit photos posted on social media. This compensation can include damage to personal and academic relationships, as well as the potential loss of educational or employment opportunities.
- Compensatory Damages: These damages are meant to compensate the victim for their actual losses and expenses related to the bullying. These costs may include medical expenses, therapy costs, and any other financial burden caused by the incident.
If your child is experiencing relentless bullying in school, Hacker Murphy, LLP may be able to help. You can schedule a free consultation with us by calling (518) 284-3183 or contacting us online.