Why Where You Decide to Bring Your School Negligence Case Matters
This past Friday, Virginia's State Supreme Court ordered a new trial in a school negligence case where school officials had been warned about an imminent fight, yet failed to take any remedial measures to prevent it. Following trial, the jury awarded the plaintiff-student, who sustained terrible personal injuries, $5 million in damages, with the school being responsible for $1.25 million of that sum.
In reviewing the case, however, the appellate court held that a new trial was warranted because the school's liability (or lack thereof) should be assessed based upon whether they were guilty of gross negligence - not merely standard negligence.
Obviously, this standard is different than the prevailing one in New York, which holds its schools to a regular negligence standard (which means that in this case, the jury's verdict would not have been disturbed - at least with respect to the jury's finding that the school was liable). For additional information on this topic, please see "How to Prove Your School Negligence Case Under New York Law."
Author of the Free consumer guide to New York accident cases, "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," Long Island and Queens, New York school negligence, school injury, negligent supervision and child injury lawyer Jonathan Cooper is available to answer your questions regarding school liability for negligence under New York law. For additional information on these topics, please feel free to contact his main office in Nassau County, Long Island at 516-791-5700.