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Thread: Two 10 year olds named in lawsuit for breaking classmates arm

  1. #11
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    No it wasn't a game - it was mean spirited - but there were no school consequences and clearly not enough playground supervision. I don't necessarily see the lawsuit against the school board as wrong due to the aforementioned lack of supervision - but suing 10 year olds isn't appropriate IMO. And $600k is ludicrous.
    I have recess duty every day, along with the other 2 teachers who go out with me during our recess time. There are 3 (sometimes 4, depending if the special ed assistant comes out with 2 of her students) adults, and almost 90 five and six year old kids. My head is on a swivel, and my feet are constantly moving, as are the other teachers, but we can't see everything. We just can't.
    Now. I know which kids are extra rough. I am looking for those kids constantly during recess. I am listening for anything out of the ordinary. I am paying attention the whole time. But accidents can still happen.
    Having said that, this doesn't sound like an accident. 10 year olds are still kids, and may not have necessarily known that what they were doing could result in such an injury, but there should have been a consequence at school.

  2. #12
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    the mother of one of the kids described it as “a game” among students in which one person crouches behind the victim, and another one pushes them, sending them falling backward. Both parents said their children had not intended to cause harm.
    I remember doing stupid shit like that once or twice and having it pulled on me. Of course, the kids don't think anyone will get hurt. That's why the adults in their lives have to stop them. The OP said these two ha been doing it for a while?!? The parents excuse it ?!?

    Sorry, too many schools have anti-bullying campaigns but seem to be clueless at how to actually stop the bullies. (Maybe if Peter Yarrow comes to the school and sings...)

  3. #13
    Real American™ nam's Avatar
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    Quote Originally Posted by Wise Old Goat View Post
    No it wasn't a game - it was mean spirited - but there were no school consequences and clearly not enough playground supervision. I don't necessarily see the lawsuit against the school board as wrong due to the aforementioned lack of supervision - but suing 10 year olds isn't appropriate IMO. And $600k is ludicrous.
    It is quite normal to sue children, even very young children for committing torts. Canadian law is different than US law, but I believe it is an anglo common law jurisdiction.

    It is well-established in common law that minors can be held responsible for tortious behavior. The same reasonable person standard is applied in tort cases against minors as against adults. That sounds worse than it is. The question that will be answered by the jury or judge is whether the actions were consistent with what one would reasonably expect of a similarly situated ten year old, presumably here, of normal intellectual and emotional development.

    I had serious psychiatric issues blowing up when I attempted to go to law school, but I think I still remember that bit correctly.

    Now, it gets really interesting to look at how the reasonable person standard applies to mentally ill people experiencing psychosis (there is no not liable by reason of insanity defense in torts). These sort of cases are almost always brought on by the insurance claims process.

    Not having medical bills would relieve the minors of that portion of the damages, but there can still be pain and suffering, public humiliation, emotional distress, and (I don't know about Canada) punitive damages.
    If you are not willing to fall flat on your face, then the only thing you will have is a pretty face.

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