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 THE SPIT WAD 
 Q:  During lunch period in the high school cafeteria, another student  
 threw a foul-smelling spit wad at me.  I went over to his table, and he  
 challenged me to a fight.  Instead, I returned to my table.  At the end of lunch  
 period, in order to go to my next class, I went out to the stairwell.  With three  
 friends, he blocked my access and proceeded to punch and kick me for half a  
 minute. 
 A:  In assuming physical custody and control over its students, a school  
 effectively takes the place of parents and guardians and is liable for foreseeable  
 injuries proximately related to the absence of adequate supervision.   
 Generally, notice to the school of prior similar conduct is required: an injury  
 caused by the impulsive, unanticipated act of a fellow student ordinarily will  
 not give rise to a finding of negligence. 
   Perhaps the school district had specific knowledge of your assailants’ 
  dangerous propensities, such as a disciplinary history.  Perhaps the  
 general security measures at the school were inadequate, with too few safety  
 officers in the vicinity of the cafeteria and stairwell, balanced against the  
 frequency of violence between class periods and after lunch. 
   Seemingly, there was an absence of security in the stairwell precisely  
 when it would be expected that a large number of students would be exiting  
 the cafeteria and using that stairwell, and adequate supervision would have  
 prevented this catastrophe. 
 
				
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