Safety Law News for April 29, 2024

— In New York, the Supreme Court, Appellate Division reversed a lower court ruling denying a motion for summary judgment dismissal of a case arising from injuries received by a student while participating in a game during gym class.  The game, called “Steal the Bacon,” required each student to wear “a belt with a detachable flag hanging from it… line up across from a student on the opposing team…(with) toy pigs located between them.”  While “running to grab one of the pigs and then racing with the pig in hand to cross a line without losing the flag,” the injured student collided with a fellow student.  The lower court held that there were material facts for a jury to decide upon which liability might be found.  On review, the New York Supreme Court disagreed.  It held that while a “school has a duty to exercise the same degree of care toward its students as would a reasonably prudent parent,” that schools “cannot reasonably be expected to continuously supervise and control all movements and activities of students.”  Another rule follows this one: “where an accident occurs in so short a span of time that even the most intense supervision could not have prevented it, any lack of supervision is not the proximate cause of the injury.”  Dismissal was appropriate because the student “was engaged in an age-appropriate activity that did not constitute dangerous play…(and) more intense supervision would not have prevented the spontaneous and accidental collision of the two children.”  S.T. v. Island Park Union Free School District

— In Tennessee, school officials in the Campbell County Schools are standing fast with the current policy of working “closely with local law enforcement to create a safe environment,” and not arming teachers on campus.  Recently enacted House Bill 1202 allows but does not require teachers to carry a concealed handgun on school property.  In Campbell County, “nothing in our schools is going to change… That is not an added responsibility that our teachers need to take on.”

— In Kentucky, the Kentucky Department of Education’s School Safety Annual Statistical Report discloses “an increase of 99.7% in reports of deadly weapons on campus from five years ago.”  State and local officials view this data as evidence of the successful implementation of the School Safety and Resiliency Act and the S.T.O.P. anonymous tipline.  Students are providing the information regarding weapons on campus in the majority of incidents.

— In Alabama, House Bill 414 has been introduced by the legislature.  Its provisions will allow the criminal prosecution of parents whose children bring guns onto campus:  “This bill would provide a criminal penalty for a parent or legal guardian that does not reasonably secure their firearm which results in their minor unlawfully possessing the firearm on the premises of a public school.”  The legislature see the proposal as “more of a responsibility bill that will safeguard the welfare of our children as well as our educators.”