Anonymous wrote:
Anonymous wrote:Not true. There are BZA neighborhood agreements in place with regard to the behavior of parents driving in carpools. I assume that the BZA has some legal binding, but that's not my area of law. BTW, as an atty, you might want to start thinking outside of the box. While duty to warn and instruct is used primarily for products liability, that does not preclude its use in other areas. Duty to warn, for example, is a pretty flexible legal concept--stretching from premises liability to professional codes of ethics for psychologists (Tarasoff) and, of course, products liability (tobacco).
Thanks for your tip on how to do my job; I'll try to keep that in mind.
I already pitched it as a premises liability action. It's not too hard to cook up some theory -- negligence, premises liability, etc. But the struggle you will have is finding some relationship that creates a duty of care between the school and the other driver. I'm sure either of us could develop a creative theory with about 15 minutes of thought, but I still think it will falter on SJ.