Published on:

The defendant in this case has filed for a motion seeking summary judgment


The defendant in this case has filed for a motion seeking summary judgment against the plaintiff’s complaint. The defendant has also filed a motion to dismiss the personal injury case of the plaintiff.

On the day of the accident, the plaintiff was on a field trip with her other classmates at the roller skating rink. While the plaintiff was skating, he was suddenly struck from behind by another skater on the rink. He fell down and suffered a left wrist injury.

Due the injury acquired, the plaintiff filed for damages because of the alleged negligence of the plaintiff. The defendant in this case is the school district in which the plaintiff is attending. According to the complaint of the plaintiff, the defendant was negligent it failed to provide the proper instructions for skating. The school district allegedly did not train its employees or orient them when skating events are ongoing. The school district or defendant was also accused of failing to supervise the students while inside the skating rink.

The defendant has contended that the supervision provided by the school district has been sufficient. According to the defendant’s statement, the school district did not breach any duty expected of it towards the plaintiff. The defendant relies on the testimony of the substitute teacher present during the field trip. According to her testimony, the nurse, assistant principal and three other substitute teachers were in attendance during the skating rink field trip.

Upon further investigation, the counsel said that since it was a sudden accident, meaning everything happened in an instant, there was no amount of supervision that could have prevented it from happening. Therefore, the lack of supervision was not the cause of the plaintiff’s accident.

There was no information provided regarding the issue of school employees having watched the plaintiff skating together with the other students. The plaintiff stated in his testimony that he did not see his classmates engage in roughhousing. The counsel for the defendant argues that the plaintiff had assumed all the risks of the skating and field trip. Therefore, the school should not be held liable for the injuries sustained by the plaintiff while skating.

According to the side of the plaintiff, the defendant’s reference to the assumption of risk is not applicable to the case and should not stand as an obstacle for the plaintiff to recover damages. In his testimony, the plaintiff had said that his teachers required him to participate in the activity.

Since the plaintiff had no skating experience prior to the accident, he couldn’t possibly have been ready to face all the risks that would come with skating. The counsels for the plaintiff also said that the defendants failed to give proper instructions to the plaintiff and warn him of the dangers to avoid while skating.

The defendant argues that the school does not have the duty to instruct students on how to skate since their only responsibility as teachers would be to supervise the children under their care. As a general law, the school can be held liable for injuries sustained by the children due to lack of supervision.

According to previous cases, schools should not be regarded as guarantors of safety since they are not expected to constantly monitor all the activities of the children. They should not be liable for every careless action or activity that students engage in. School personnel cannot be expected to guard against sudden events or actions that may be a part of the student’s daily life. The duty owed by the school comes from the fact that teachers replace parents when the children become students of the school.

The court has determined that the defendant has established its motion for summary judgment and has provided sufficient supervision over the children. The court also acknowledges that the plaintiff’s accident was a spontaneous one. No type of supervision could have foreseen such event.

Personal injury cases can be tough if you don’t have proper legal representation. A New York Trip and Fall Lawyer can help you with your legal problems. Consult Stephen Bilkis & Associates for an immediate response. The legal services of a New York Trip and Fall Attorney can help you prepare for any wrongful death or personal injury case.

A New York Trip and Fall Attorney will be ready to assist you. If you are in need of a New York Trip and Fall Lawyer, visit the downtown offices of Stephen Bilkis & Associates for more inquiries.

Posted in:
Published on:

Comments are closed.

Contact Information