Nightmare Come True

Q: In elementary school, my child was the victim of inappropriate touching.  This occurred regularly over the course of two school years.  One time, my child even complained of the teacher’s conduct to an assistant principal.  Another student had made a similar complaint.

A: A school has a duty adequately to supervise the students in its care, and may be held liable for foreseeable injuries proximately related to the absence of adequate supervision.  The standard for determining whether the school has breached its duty is to compare the school’s supervision and protection to that of a parent of ordinary prudence placed in the same situation and armed with the same information.

It seems likely that you will prevail on both negligent supervision and negligent retention.  The school knew or should have known of the employee’s propensity to engage in the conduct – such that his acts could be anticipated and were foreseeable.

However, you should not expect to prevail under a theory of respondeat superior, whereby the school is vicariously liable for the tortious acts of this beast.  The theory applies only if the evil was committed in furtherance of the school’s business and within the scope of employment.  Plainly, it was not.

By: Scott Baron,
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

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