We trust that when we send our child to school, the teachers, administrators, coaches and other staff are going to do all they can to ensure the safety of our youth. In fact, they have a legal duty to do so.
When that does not happen, it may be possible to hold the school district liable for damages.
Such was the case in Smith v. Leake County School District, a matter recently before the Mississippi Supreme Court. While the lower courts had granted the school district governmental immunity after finding the protection of a bullied student was a discretionary function, the state high court reversed, finding it is actually a ministerial one. Continue reading