Off-Property Injuries

A New York court ruled that a public high school cannot be liable for injuries occurring to students after they leave school property.

Church Law & Tax Report

Off-Property Injuries

A New York court ruled that a public high school cannot be liable for injuries occurring to students after they leave school property.

Key point 10-11. A church may be legally responsible on the basis of negligent supervision for injuries resulting from a failure to exercise adequate supervision of its programs and activities.

* A New York court ruled that a public high school cannot be liable for injuries occurring to students after they leave school property. A 15-year-old boy was on his way home from school when he was assaulted by a fellow high school student while exiting a subway. The boy’s parents sued the high school their son attended, as well as the board of education, claiming that they were negligent in failing to provide “adequate security and to protect students from foreseeable criminal activity.” In dismissing the parents’ lawsuit, the court observed: “A school’s duty is coextensive with, and concomitant with, its physical custody and control over a child. When that custody ceases because the child has passed out of the orbit of its authority in such a way that the parent is perfectly free to reassume control over the child’s protection, the school’s custodial duty also ceases. As a result, where a student is injured off school premises, there can generally be no [negligence, since a school’s duty of care] extends only to the boundaries of school property.”

Application. Many adolescents have been injured after leaving church property. A common example is a car accident involving a car containing one or more members of a church youth group. This case suggests that a church may not be liable for such injuries since the church’s duty of care extends only to its own property or, presumably, to off-campus church-sponsored activities. Note that this case represents a decision by a New York appellate court that may or may not be followed in other jurisdictions. Stagg v. City of New York, 833 N.Y.S.2d 188 (N.Y.A.D. 2007).

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations." Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.

ajax-loader-largecaret-downcloseHamburger Menuicon_amazonApple PodcastsBio Iconicon_cards_grid_caretChild Abuse Reporting Laws by State IconChurchSalary Iconicon_facebookGoogle Podcastsicon_instagramLegal Library IconLegal Library Iconicon_linkedinLock IconMegaphone IconOnline Learning IconPodcast IconRecent Legal Developments IconRecommended Reading IconRSS IconSubmiticon_select-arrowSpotify IconAlaska State MapAlabama State MapArkansas State MapArizona State MapCalifornia State MapColorado State MapConnecticut State MapWashington DC State MapDelaware State MapFederal MapFlorida State MapGeorgia State MapHawaii State MapIowa State MapIdaho State MapIllinois State MapIndiana State MapKansas State MapKentucky State MapLouisiana State MapMassachusetts State MapMaryland State MapMaine State MapMichigan State MapMinnesota State MapMissouri State MapMississippi State MapMontana State MapMulti State MapNorth Carolina State MapNorth Dakota State MapNebraska State MapNew Hampshire State MapNew Jersey State MapNew Mexico IconNevada State MapNew York State MapOhio State MapOklahoma State MapOregon State MapPennsylvania State MapRhode Island State MapSouth Carolina State MapSouth Dakota State MapTennessee State MapTexas State MapUtah State MapVirginia State MapVermont State MapWashington State MapWisconsin State MapWest Virginia State MapWyoming State IconShopping Cart IconTax Calendar Iconicon_twitteryoutubepauseplay
caret-downclosefacebook-squarehamburgerinstagram-squarelinkedin-squarepauseplaytwitter-square