26 THE QUEENS COURIER • DECEMBER 14, 2017 FOR BREAKING NEWS VISIT WWW.QNS.COM
PUSHED ON THE ICE
Q: One winter morning, on purpose, a classmate shoved me fast on an
icy walkway at our school. There were many patches of ice on this walkway.
There was no salt or sand. A friend agrees with me. The walkway was so
slippery that the ambulance crew needed to use the adjacent grass in order to
A: Your attorney is likely to argue that the school failed to provide
adequate supervision. A school is under a duty adequately to supervise the
students in its charge, and is liable for foreseeable injuries proximately
related to the absence of adequate supervision. Your attorney will seek to
establish that school authorities had specific knowledge or notice of prior
dangerous similar conduct by the classmate, and thus his dangerous propensities
– that his act could reasonably have been anticipated.
Your attorney is also likely to argue that the school was negligent in
maintaining the walkway. A real property owner or a party in possession or
control of real property can be held liable for a slip-and-fall accident if it
created the dangerous condition or had actual or constructive notice of it.
Even if this was transparent ice, your attorney will strive to show that the ice
was there long enough for the school district to have discovered it, if only the
district had made reasonable efforts.
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