In a cause of action for an injury arising from a student being transported in a school bus or other motor vehicle owned or operated by the district school board, school officials and teachers must carry out their duty to supervise by using the degree of care that a person of ordinary reasonable care, charged with the duties involved, would exercise under the same circumstances. For example, a school board may be held liable for negligence in an action arising from a student's attack and rape, which occurred while she was waiting for the school bus on school property. However, an exception to the school board's duty occurs if a student is injured before reaching a designated school bus stop, or after leaving one, that student is outside the school board's duty of care because the board's duty stems from the fact of its physical custody of its students. In other words, if the student is no longer under the control of the school board due to an intervening factor, the school board cannot be held liable for negligence. Therefore, where a school bus stop is maintained in an unsafe condition, the negligent acts of the driver of a car, which struck a child as she was waiting at the bus stop did not constitute an intervening cause sufficient to break the chain of causation and shield the school board of liability.
If your child has been injured due a breach of the school's duty to supervise the students, you need the knowledgeable and experienced Florida Child Injury Law firm of Sharmin & Sharmin P.A. The West Palm Beach Child Injury law firm of Sharmin and Sharmin P.A. will work tirelessly to recover all compensation and damages your child and family deserves for an injury due to the school's failure to supervise. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
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