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You be the Judge: When does the school day end

If your children are attending school, this may interest you.

Schools have responsibilities for the safety of children during the school day. In that regard, it is said that schools stand in the place or stead of parents.

The New Jersey Supreme Court recently examined whether that same responsibility continues after the school day has ended and the students have left school grounds.

In the case, a 9 year old child walked off the school property without an adult at early dismissal. Apparently, this was not unusual. At this school, students often walked home at dismissal, unless they were picked up or were enrolled in approved after-school programs. This child was not enrolled in such a program and the school had not been informed that he was to be dismissed only to the custody of an adult.

Unfortunately, a few blocks later, he was struck by a car and paralyzed.

The trial court granted judgment to the school, finding that there was no duty to supervise children who were off the school property after the school day ended.

YOU BE THE JUDGE: Isn't a school responsible for a child's safety until the child gets home?

The Supreme Court had a different view. Ordering a trial, the Court observed that schools have a duty to create and enforce a reasonable dismissal supervision policy and to provide suitable notice to parents of the policy.

Whether a school complied with these obligations in any particular case was a question of fact to be decided by a jury.

The decision points out that a courtroom can bring justice and may be the only way to protect your rights. Our Firm knows courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades in Allendale, Wyckoff, Ridgewood, Paramus, Oakland and throughout Bergen County, in Clifton, Ringwood, Passaic, Little Falls and elsewhere in Passaic County, in South Orange, West Caldwell, Roseland, Nutley, Montclair and throughout Essex County, in Morristown, Morris Plains, Mountain Lakes, New Vernon and Parsippany and Mendham in Morris County, in Murray Hill, Kenilworth, Plainfield and Mountainside in Union County, in Kearny, Bayonne, Union City and North Bergen in Hudson County, in Morganville and Neptune City in Monmouth County, in Hightstown, Hamilton Township, Frenchtown and Princeton in Mercer County and throughout the State of New Jersey, as well as New York City. Please contact us to discuss how we can help you in a new lawsuit or provide a "second opinion" about your pending lawsuit. There is no obligation for the initial consultation.



 

Samuel D. Bornstein, P.A. is located in Paramus, New Jersey NJ and serves clients in Montvale, Woodcliff Lake, Mahwah, Jersey City, Hoboken, North Bergen, Wayne, Paterson, Clifton, Passaic, Fair Lawn, Glen Rock, Oradell, Westwood, Ridgewood, Mercer County, Cape May County, Bergen County, Passaic County, Hudson County, Morris County, Sussex County, Warren County, Essex County, Union County, Somerset County, Middlesex County, Hunterdon County, Monmouth County, and Ocean County, including Englewood Cliffs, Hackensack, and Newark, and New York State.