By Jill L. Yonkers on Posted in Student Issues
Last year, the Fourth Department held a district responsible for a student’s injuries before she boarded a school bus. This was a marked departure from previous case decisions, where the general rule had been that a district did not owe a duty of care to a student until it assumed physical custody of the student.… Continue Reading
By Jill L. Yonkers on Posted in Personnel
The doctrine of assumption of risk is a familiar one in the sports-torts arena. The general rule is that an athlete assumes the normal, commonly appreciated risks associated with playing his or her particular sport. It cannot be used to protect against reckless or intentional conduct or concealed or unreasonably increased risks, however. For example,… Continue Reading
