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Student Molested in School Bathroom

School found liable on the basis of negligence.

New York
State:
Categories:
Key point. Churches may be liable on the basis of negligent supervision for acts of child molestation occurring in restrooms.

A New York court found a school liable on the basis of negligence for the molestation of a kindergarten student in a school restroom. The court's ruling will be relevant to churches and church—operated schools. The student was permitted to go to the bathroom alone, where he was molested by an older student at the school. The child's parents sued the school, and a jury found that the child's kindergarten teacher had been negligent in allowing the child to go to the bathroom unaccompanied. The child was awarded $500,000 in damages. The school appealed, and state appeals court upheld the finding of negligence. The court began its opinion by noting that "[w]hile we recognize the general rule that educational institutions are not the insurers of the safety ...

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Posted:
  • March 3, 1997

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