Injury due to school horseplay not foreseeable to school

| May 2, 2013 | Firm News

The Rhode Island Supreme Court has held that a private high school does not have an obligation to insure the safety of its students throughout the entire school.  Rather, it has a duty only to provide a safe environment when it is foreseeable that a student may be injured in a particular area of the school or as a result of a particular student’s actions.  In this case, a student at a Catholic high school was injured as a result of horseplay with other students in a bathroom when he accidentally put his hand through a bathroom window.  The Court said there was no history of horseplay in the area where the incident took place or of complaints about the other student involved in the horseplay.

In addition, the Court held the high school had no duty to install safety glass in the bathroom where there was no history of accidents involving the bathroom windows.  Daniels v. Fluette, No. 2012-53-Appeal, (R.I. April 12, 2013).

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