Legal Question in Education Law in New York

Re: Student violence on pregnant teacher - who is responsible?

This situation could result in a suit against the Board of Education, the City or the students or all three depending on whether the school had reason to provide better security and didn't; or prior knowledge of the violence brewing and took no action.

The students of course are the active tortfeasors;

but would you want to sue them if their parents had no coverage for off premises liability? Many homeowner's policies provide off premises negligence coverage, but exclude coverage for intentional torts like assault and battery. The judgment could be entererd against their parents

if they are minors.

Of course had you been injured, it would almost guarantee some form of criminal proceeding, and if they are minors it would not excuse them. As a teacher, you would not be able to sue the Bd. of Ed. Workers comnp would be your remedy.

This is a good jumping off point for a discussion of the legal theory of "wrongful life" which has not yet been recognized as valid; arising when a

pregnant mother is injured causing damage to the fetus who is born seriously impaired.

I have always found it annoying when a judge asks me whether I would like to be the first attorney to have to make an argument to a jury, never previously recognized.

You could try that with these kids; they could be the first ones liable under the theory.