Liability of Schools for Childrens Safety(2)

Rob McKinney

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Yesterday , I wrote on the topic of school liability for injuries to children . The Tennessee Court's have held that " society places a significant responsibilty upon school officials to provide a safe enviroment for our children". However , the schools are not the insurers of our child's safety . Are schools liable for assaults by one student againist another ? Maybe. Tennessee follows the rule that "student misconduct is not to be anticipated absent proof of prior misconduct " . So , you have to prove that the school knew or had reason to know there was prior misconduct . There is a good discussion of this rule in Mason v. Metropolitan Government of Nashville and Davidson County , Tennessee 189 S.W. 3d 217 .