Edinboro, PA asked in Education Law and Personal Injury for New York

Q: Are schools liable for behavior of their students on school sponsored trips?

Ex) a student injures a member of the public by engaging in reckless behavior

2 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: These are generally fact-intensive settings, and they can be complex. A central issue will often be whether there was a lack of supervision or negligent supervision on the part of the school (or possibly other entities, depending on the setting). An experienced attorney who had the chance to review the incident, its context, and all relevant details could probably offer the most meaningful analysis. Good luck

Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • New York, NY
  • Licensed in New York

A: Whether a school would be responsible for the actions of a student during a field trip would depend on whether the student had a history of prior similar behavior such that the conduct in question could have been foreseen and thus prevented. Or if there was sufficient time for a teacher or school administrator to discover the reckless behavior and intervene. A spontaneous act which could not have been prevented with even the most careful supervision will not give rise to any liability (legal responsibility) on the part of the school.

Tim Akpinar agrees with this answer

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