Posted On: February 25, 2009 by Jeremy Vishno

Easton, Connecticut Student Injured on School Playground

An Easton, Connecticut student's attempt to break up a fight on the Staples Elementary School recess field resulted in her being seriously injured with a broken arm. In the realm of "no good deed going unpunished," the student's injury could have been prevented, say her parents, in a lawsuit alleging negligent supervision against the school's principal and the Easton Board of Education.

Boards of Education, and each school under its purview, are required to have safety protocols in place with regard to how teachers and others supervise students both inside the classroom, and everywhere else on school property and during school sponsored activities. Having those protocols is not, however, enough. There must be affirmative steps taken at all times to ensure those protocols are followed, every day. Unfortunately, even a small lapse in procedure can result in a serious compromise of student safety.


In this Easton, Connecticut school playground injury incident, one of the key elements of the claim is that there were too few recess monitors, a seemingly easy problem to have prevented. The girl's injuries are alleged to have been a broken arm requiring surgery, which has left her both mentally and physically scarred. In negligent supervision claims such as this one, it is the injured party's burden to prove that the school's negligence (not having adequate protocols, too few recess monitors) caused her injuries. If it is clear to the students that certain behavior will not be tolerated, and that there are teachers and staff diligently watching them, the risk that students will fight, or be bullied, is dramatically reduced. At the very least, we can be more comfortable that those to whom we entrust our children for most of the day are as safe as they can be.

Connecticut's school boards are separate entities from the city or town in which they operate. They are therefore required to be both placed on statutory notice of claims, and sued independently when a claim is made against them. And, while these boards of education are funded by the town, they have the right to insure themselves against the type of claim raised in this instance, thus reducing the financial burden on the town and its residents. If you have questions about possible claims against a school or school board, time is of the essence. All claims must include a notice to the Board of Education, and likely the Town and School as well, within a strict time limit. Contact an experienced attorney to protect your rights.

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