FOR BREAKING NEWS VISIT www.qns.com NOVEMBER 10, 2016 • THE COURIER SUN 15 Total average savings of Let me show you how combining home and auto policies can really add up. Like a good neighbor, State Farm is there.® CALL FOR A QUOTE 24/7 State Farm Mutual Automobile Insurance Company, State Farm Indemnity Company, State Farm Fire and Casualty Company, State Farm General Insurance Company, Bloomington, IL Legally Speaking By: Scott Baron, Attorney at Law NIGHTMARE COME TRUE Advertorial Q: In elementary school, my child was the victim of inappropriate touching. This occurred regularly over the course of two school years. One time, my child even complained of the teacher’s conduct to an assistant principal. Another student had made a similar complaint. A: A school has a duty adequately to supervise the students in its care, and may be held liable for foreseeable injuries proximately related to the absence of adequate supervision. The standard for determining whether the school has breached its duty is to compare the school’s supervision and protection to that of a parent of ordinary prudence placed in the same situation and armed with the same information. It seems likely that you will prevail on both negligent supervision and negligent retention. The school knew or should have known of the employee’s propensity to engage in the conduct – such that his acts could be anticipated and were foreseeable. However, you should not expect to prevail under a theory of respondeat superior, whereby the school is vicariously liable for the tortious acts of this beast. The theory applies only if the evil was committed in furtherance of the school’s business and within the scope of employment. Plainly, it was not. The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice. Copyright © 2014 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 • 718-738-9800 1750 Central Park Avenue, Yonkers, NY 10710 • 914-337-9800 1-866-927-4878 0907501 Car + Home Savings Donald A Enga, Agent 216-18 Jamaica Ave 2nd Floor Queens Village, NY 11428 Bus: 718-468-6500 [email protected] $696* *Average annual household savings based on national 2009 survey of new policyholders who reported savings by switching to State Farm.
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