Safety Law News for January 7th, 2022

— In New York, the Supreme Court, Appellate Division held that a trial court improperly dismissed the case of a student who was injured in a physical education class during which he was blindsided by a much larger student while playing touch football resulting in a fracture of his jaw.  The court returned the case to the lower court for trial because the record contained facts suggesting that the injury was the result of a foreseeable act of which the school had specific knowledge such that it could be reasonably anticipated.  “Schools are under a duty to adequately supervise the students in their charge and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision.”  Specifically, the day before the incident, “there was a very similar incident involving a collision between two boys during a touch football game in physical education class, resulting in injury.”  Ismahan A. v. Williamsville Board of Education

— In Michigan, Michigan legislators  are forming a bipartisan taskforce to consider school safety policies in response to November’s deadly shooting at Oxford High School.  The goal is to enacts laws that will keep further violence from happening.  

— In Michigan, school officials in the Oxford Community Schools will require students to use clear backpacks on campus in response to November’s deadly shooting at Oxford High School. Officials have also taken other steps, e.g., hiring of a security company to put officers in schools; providing trauma specialists for students and staff; and having therapy dogs in schools.

— In Ohio, officials in the Toledo Public Schools are focusing on new policies to “kids safe before, during and after the school day.”  During 2021, many students were victimized – Toledo experienced 70 homicides in 2021 – with multiple incidents of guns found inside schools. Officials have already decided to conduct daily weapons checks and searches using metal detectors.