Submitted by Wreny on Sat, 09/17/2011 - 08:59
This is an odd question, I know, but I'm curious about a story I read in the newspaper about a girl from Massachusetts who's suing two teachers because she was raped during an overseas trip in Germany. I feel for the the girl and hope she's OK, but from what I understand she was drinking after the chaperons had checked on the kids for the night and that's when the trouble started. Is it really possible that she could get money from the town or from the teachers? who was negligent in that mess? It seems harsh to say the teachers were at fault.
Teacher negligent?
Yes, that is the question: Were the teachers negligent in their supervision of the children. (The girl was 16 years old at the time of the incident). You can follow this link for a discussion of negligence in MA, but the issue will come down to whether the plaintiff can show that the teachers owed a duty of care to her; (2) failed to meet (breached) that duty of care; (3) that breach of duty caused plaintiff’s injury; and (4) she suffered damages as a result of that breach of duty.
I cannot predict how the case will end and have not read the complaint. However, from what I've read in newspapers, the children were able to obtain alcohol and move about the hotel freely. Those facts certainly suggest that the students where not chaperoned as closely as they might have been. There are also, apparently, allegations that the teachers refused to let the girl call the police or get medical help after they learned of the assault. The teachers are also alleged to have made the student stand in front of the accused attacker and other students and explain what happened.
It's tough to predict an outcome based on allegations, but I have to imagine this girl (now a young woman) will make a very sympathetic plaintiff and that, if the allegations are true, the parties will reach a settlement to avoid a trial. Hope that helps.