N.L. v. Bethel School District

¶32 (dissenting) — I agree with the majority that schools have a “duty to protect their students from the foreseeable risk of harm the students may inflict on each other.” Majority at 430. However, the majority extends this duty to protect students from harms inflicted when students are not in a school’s custody. This expands the scope of a school district’s duty further than our case law warrants and exposes school districts to liability for events over which they have no control. Because I would hold that school districts do not owe a duty to protect students who *440are not in their custody…