High Court in Trinidad finds state liable in injuries sustained by student attacked by bullies

PORT OF SPAIN, Trinidad, CMC – A High Court judge in Trinidad and Tobago has ordered the Government to pay compensation in excess of TT$500,000 after ruling that schools have a solemn legal duty to ensure the safety and welfare of students, in a case where a schoolgirl was seriously injured by bullies.

Justice Nadia Kangaloo, delivering her judgment in a case in which a 15-year-old girl was violently assaulted at a secondary school in 2017, said that the Couva West Secondary School in central Trinidad breached its statutory and common-law duties of care when it failed to prevent or adequately respond to repeated bullying incidents that culminated in the brutal attack, leaving the victim permanently disabled.

The teen was assaulted twice in one day on school premises by two fellow students, one of whom had a documented history of bullying her.

She sustained head trauma, post-concussion syndrome, chronic pain, and a 20 percent permanent partial disability.

In its ruling, the High Court noted that the student’s injuries were foreseeable and preventable, given the school’s prior knowledge of the aggressor’s behaviour.

“The court finds that the claimant was in the custody of the state both practically and statutorily when the assault occurred,” Kangaloo said, adding, “to excuse the state would allow known student-on-student violence to persist without intervention.”

In her ruling, Kangaloo cited both domestic law – including Section 27 of the Education Act – and international human rights principles, including the Universal Declaration of Human Rights and the UN Convention on the Rights of the Child, to reinforce the state’s obligation to protect children in its care.

“A school owes a duty of care to take such care for the health and safety of a child as is reasonable in all the circumstances. At the end of the day, all that this court can do is encourage, through this judgment, systemic reform.”

She said there is a solemn duty on the part of the state to “safeguard children’s physical safety and their access to a secure educational environment.

“The facts of this case illustrate precisely why that duty has to be more than aspirational. A 15-year-old student under the state’s care, within her school, was subject to violence that, in this court’s opinion, was entirely foreseeable and preventable.

“The court’s findings in this matter underscore that when institutional safeguards such as disciplinary systems, supervision, and follow-up are not meaningfully and genuinely implemented, children suffer profound and long-lasting harm.

“The court reiterates that children are not mere subjects of bureaucratic policy. They’re human beings. They’re entitled to respect, to learning, and to protection,” the judge said, noting that there were lapses in security, supervision, and post-incident follow-up.

She noted that even the then-acting vice principal admitted under cross-examination that he was unaware the student had been struck in the head with a metal chair, despite receiving her report stating exactly that.

“This was not a sudden or unforeseeable event. The known risk and the school’s failure to act represent a systemic breakdown, not an isolated lapse. This was not a spontaneous fight between unknown aggressors.”

Kangaloo said while she accepted that schools were not expected to be omnipresent or flawless, they must, however, act diligently and proactively, especially in high-risk environments.

“I do not blame any one individual. But institutional accountability must be the standard.”

The High Court heard that the student, who requested anonymity, said she and a friend were in the corridor of one of the school blocks during lunch when she was struck on the head with a metal chair and punched by another girl who had a history of bullying her.

A second girl kicked and punched her while she was on the ground, and the two aggressors attacked her again while she attempted to get help at the principal’s office.

In her lawsuit, she said there was a history of bullying by one of the girls, which had been reported to the school’s authorities.

The two aggressors were also named in the lawsuit, and a judgment had been entered against them on a previous occasion.

In her ruling, Kangaloo said making a finding of liability would “encourage schools to do what they already claim to do – implement safety policies, investigate accidents, follow up on complaints, and protect vulnerable students.”

She said that the failure of the state, through its agents, to act on clear warning signs and to respond with appropriate supervision and investigation cannot be seen as a mere lapse but a breach of duty.

“The foreseeability of the harm in the incident case, combined with the failure to act on known risks, in this court’s opinion, renders the first defendant liable. Let me remind the parties that the applicable standard is reasonableness and not perfection, and what is reasonable must be assessed in light of the foreseeability of the harm, the non-disciplinary environment of the school, and the specific factual context in the incident case, including the claimant’s history of being bullied by the same aggressor…

“The school had an affirmative obligation to safeguard student welfare, which required, in the incident case, more than reactive measures,” she said, adding, “this court has been constrained to walk a careful line in balancing the protection of injured students, not overwhelming school staff, or indeed discouraging teaching through the fear of litigation.”

In assessing compensation, Kangaloo awarded the claimant TT$175,000 in general damages, TT$45,290 in special damages to cover medical expenses, medication, transportation, and past lost earnings, as well as TT$40,000 for future loss of earnings.

“The court finds, based on the evidence before it, that her education was derailed and that she was unable to complete her secondary schooling or pursue her dream of becoming a geriatric nurse…”

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