Casualty

A young student was struck when crossing the street to reach her bus stop. The school board’s summary judgment motion was denied when the child “argued the school board created a foreseeable zone of risk through either its placement of the bus stop or its unclear communication of the stop’s location.” 

The District Court overturned the trial court’s decision and remanded the matter for summary judgment to be granted, finding that “the duty to warn is limited and arises only where the dangerous condition is ‘so serious and so inconspicuous . . . that it virtually constitutes a trap.’” 

It is important to note that, while it is clear a school or even a bus company is not responsible for the busy characteristic of the roadway, if a designated stop is situated in such a manner that makes it impossible for a student to access the stop safely or is inherently dangerous, a school and/or bus company could be charged with a breach of a duty to a student in such a scenario.
 

 

^{Case Law Alerts, 1st Quarter, January 2022 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2022 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}