Protecting children is not only a responsibility but also an instinct in every parent. However, as kids grow and join a school, parents have no choice but to entrust their safety to others. Institutions and adults have the responsibility to look after and safeguard minors left under their care.
Whether in daycare, high school, or other spaces for kids, a child’s safety is imperative. It is, therefore, only natural and expected for a parent to be upset when their child is injured or harmed in school.
Who Is at Fault for School Injuries in New York City
Since schools have a legal duty of care to keep children safe and unharmed, they can be liable for a child’s injury. Schools are required to put in place measures and policies that protect kids from injuries both indoors and outdoors.
Also, New York’s comparative negligence dictates that fault can be shared between liable parties according to how much they contributed to the injury. The negligent party can be the school, teachers, school officials, bus drivers, chaperones, and security guards.
However, some accidents are unavoidable and cannot be blamed on the school or the staff. Adventurous and curious kids will often engage in risky activities like climbing trees that will sometimes result in injury. In such cases, the school is not liable for the child’s injuries as there were obvious risks involved.
Types of School Negligence Cases We Handle
School injury cases consist of claims for intentional injuries and injuries that result from negligence. Intentional injuries include bullying and sexual harassment. The following are some of the negligence cases handled at Ross and Hills;
- Food poisoning
- School bus accidents
- Exposure to dangerous materials and toxic substances
- Lack of supervision resulting in playground accidents
New York School Accident Lawyers
According to New York law, an injured individual can seek compensation for their injuries from the liable parties. Parents are therefore entitled to claim compensation and receive damages for their children’s injuries if they result from the school’s negligence.
New York school negligence attorneys and accident lawyers specialize in school accident and injury cases and understand the litigation process of such cases. If your child gets injured in school, first get them medical attention, then find a New York school negligence lawyer for legal advice. Some New York school negligence lawyers provide free consultation and case assessment.
Possible Causes of School Injuries in New York
Injuries in school can be physical, such as knee injuries and fractures, or physiological injuries that cause emotional distress and trauma. Some of the common causes of school accidents and injuries in New York include;
- Food poisoning. Food poisoning can result from contaminated food provided by the school and can cause pain and diarrhea.
- Slip and fall. Trips, slips, and falls are common, especially in schools with poor maintenance or liquid spillage on the floors and staircases.
- Faulty equipment. Defective machinery, tools, and equipment such as swings, slides, and climbing frames can cause accidents that may result in severe injuries.
- Sports injuries. Sports and playground injuries are common and may be caused by inadequate supervision and coaching or defective tools.
Can I Sue If My Child Was Injured at a New York Public School?
If you believe your child was injured at a New York public school intentionally or due to negligence, you can sue the school and claim compensation.
However, suing a public school can be difficult as these schools are considered government entities. The legal process of making an injury claim against a public school involves several strict procedures. It is, therefore, crucial that you work with a school injury lawyer with experience in dealing with lawsuits against public schools and school districts.
Suing a School District in New York
School districts are part of the government, and they, therefore, have sovereign immunity. This immunity was, however, waived by all states in the US, and it is now possible to claim compensation from school districts under certain conditions.
In New York, one is first required to file a notice of claim before pursuing a lawsuit against a school district. This notice of claim should provide details about the accident and injuries, the nature of the incident, and the total amount of the claim in writing. This document is within 90 days. If no action is taken after 30 days or if the claim is denied, you can proceed and file a lawsuit.
Working with a New York school negligence attorney during this process is crucial in ensuring you are well compensated.
How a School Injury Lawyer in New York City Could Help You
School negligence and injury cases are complex, and each case is handled differently. Like other personal injury cases, you must first establish negligence on the school’s part before taking legal action. Proving that the school was negligent involves collecting facts and pieces of evidence.
A New York school injury lawyer can help you determine if you have a case and whether or not you can make a claim and recover fair compensation. Some New York injury attorneys provide free case assessment and investigations.
Statute of Limitations for School Injury Claims in New York
The statute of limitation for personal injury cases, including school injury claims in New York, is three years from the day of the accident and injury. This three-year time period begins when the injured person discovers their injury, and so the claim should be made within this period.
In addition, New York law stipulates that children under the age of 18 cannot file a lawsuit. The statute of limitation is then paused or tolled for minors until they turn 18. Once the injured child is 18, they will have two years to take legal action and claim compensation for their injury.
Trusted Negligence Lawyers in New York – We Command the Respect of our Adversaries
If you are looking for a reputable school negligence lawyer in Brooklyn, New York, look no further than Ross & Hill Personal Injury Lawyers. For almost 40 years, we have helped injured people and children get justice and maximum financial compensation for their injuries. We are a team of highly qualified legal experts with decades of experience in school injury claims, from sports and bus accidents to bullying.
At Ross & Hill, we understand that both physical and psychological injuries have a significant impact on a child’s life. We provide free consultations to help parents make successful claims and get fair compensation. Contact us today for high-quality legal aid.