Running head: TORT AND LIABILITY 1

Artifact # 3

Tort and Liability

Esmeralda Lopez

College of Southern Nevada

September 22, 2017

TORT AND LIABILITY 2

Artifact # 3

Tort and Liability

In the case Ray Knights v. The School District there is a need to find who is liable for the

events that occur that day. Ray Knight was a middle school student. He was suspended from

school for three days due to his unexcused absences. The policy of the school is to give a

telephone notification and a written notice to his parent. The school failed to follow their policy

and the only notice was given to Ray who threw it away. Ray then went to a friend’s house and

while he was there he was accidentally shot.

The cases in which a school is found liable for injuries are very tricky and is decide case

by case. In this case the school can argue that Ray assumed the risk of being out on the street.

Which he knowingly and voluntarily accepted the risk that makes him ineligible to receive any

kind of compensation for knowingly assuming the risk. As shown in MacNiven v East Hampton

Union Free School District (2009) where a student filed against the school for injuries he

received in a fight at school. The courts ruled in the favor of the school district. He “jumped in”

voluntarily participating in the fight. Which was the key reason the courts ruled in favor of the

school district. He knowingly took the risk to join the fight which then made the school not liable

for negligence. As did Ray when he voluntarily threw away the notification of his suspension to

give to his parents. Also by him knowingly taking the risk to go over to his friend’s house.

Another case that supports the school district is Collette v Tolleson Unified School

District(2002). This case was in favor of the school that they were not liable for something that

happen by a third party off school premises. In this a group of students left school during lunch.

On the return from their trip out to lunch at the mall they got in a car accident where three kids

died. The causation for this terrible event was not due to a teacher’s negligence so the school was
TORT AND LIABILITY 3

not liable. Such as ray terrible accident was not caused by a teacher negligence and it happen off

school property. These events happen through a third party the school had no control over.

On the other side ray parents have a compelling case against the school. The school

breached their duty to provide adequate supervision of the students. As in the case D.C. v Landry

Parish School Board (2001) where a student was sent home from school. On her way home she

was sexually assaulted. Her parents filed for negligence charges and won the school was found

liable for her injures. The School let her leave even though it is against school policies. The

school duty was to protect them from unreasonable risk. It was an unreasonable risk ray took

because the school suspended him a did not notify anybody other than ray.

Another case that help supports ray’s parents claim is Hoyem v. Manhattan Beach School

District (1977). In this case a 10-year-old boy who was attending summer school left school

early without permission. He was walking in a public intersection were a motorcycle hit him.

The courts ruled in favor of Hoyem. They proved that the injures were in cause of the school

negligence which in turn permitted the student to leave unsupervised. The school should of

exercise reasonable care and had been supervising the student. The rays school should have

provided reasonable care and made sure that his parents were notified about his suspension.

In this case I believe the court will rule in the favor of Ray Knight. As Hoyem v.

Manhattan Beach School District (1977) even though the events unfolded off school property

they are still required to provide reasonable care of Ray. The school district is held liable for not

being able to provide the care required to keep students safe. They also didn’t follow their own

policies of notifying his parent such as D.C. v Landy Parish School Board (2001). By this

happening the injures he received were in causation of the school’s negligence.

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D.C. v. ST. LANDRY PARISH SCHOOL BD., 802 So.2d 19 (2001). (n.d.). Retrieved
September 23, 2017
https://www.leagle.com/decision/2001821802so2d191819.xml
Moyem v. Manhattan Beach School District., 22 Cal.3d 508, 513 (1977). (n.d.). Retrieved
September 23, 2017
http://caselaw.findlaw.com/ca-court-of-appeal/1830843.html
MacNiven v East Hampton Union Free School Dist., 62 AD3d 760 (2009). (n.d.). Retrieved
September 23, 2017
http://law.justia.com/cases/new-york/appellate-division-second-department/2009/2009-
03873.html
Collette v Tolleson Unified School District., 1 CA-CV 01-0490 (2002). (n.d.). Retrieved
September 23, 2017
http://caselaw.findlaw.com/az-court-of-appeals/1291266.html
Underwood, Julie, and L. Dean. Webb. School Law for Teachers: Concepts and Applications.
Pearson/Merrill Prentice Hall, 2006.
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