Aw v. Lancaster County School Dist. 0001

Summary

The court held that foreseeability is not part of the judicial duty analysis in negligence cases but instead bears on breach and ordinarily must be decided by the fact finder. Although neighborhood crime evidence did not make the assault foreseeable as a matter of law, the circumstances after the intruder entered the school created a genuine factual dispute about whether the school exercised reasonable care. The court also held that the school safety regulations did not create an additional tort duty, though they might be relevant evidence of the standard of care.