Rosenbaum Personal Injury Lawyers | October 24, 2024 | Slip and Fall Accidents
As a parent, your child’s safety and education are two of your biggest priorities. Sending your children to school should give you peace of mind, knowing they are safe in a learning environment. Unfortunately, accidents in schools, particularly slip and falls, are not uncommon; in fact, falls are the top cause of nonfatal injuries among children through the age of 14.
When these accidents happen on school property, it’s natural to wonder about your rights as a parent and your child’s rights as a student. Here’s what you need to know if your child is hurt in a slip and fall at school, including what steps to take.
Who Is Liable For A Slip And Fall At School In New York?
Depending on the circumstances, a school district may be liable for a child’s injuries in a slip and fall accident. Under New York’s premises liability law, schools have a duty to protect students and guests from dangerous property conditions. When the school breaches their duty and the breach causes a school accident, they can be held responsible for their negligence.
Schools have a legal responsibility to provide a reasonably safe environment for students. This means they must regularly inspect and maintain school grounds, hallways, cafeterias, playgrounds, and other areas for potential hazards, such as wet floors, broken equipment, or uneven surfaces. Schools must also take steps to prevent reasonably foreseeable risks and injuries to students.
What Are the Causes of Slip and Fall Accidents at School?
If your child’s injury was caused by negligence by the school or school staff, you may have a valid claim. Examples of negligent school slip and fall hazards include:
- Wet or slippery floors due to poor maintenance, a lack of anti-skid mats, or failure to clean up spills
- Worn carpeting
- Uneven or damaged flooring
- Broken handrails
- Damaged stairs
- Debris or objects in hallways
- Damaged, cracked, or uneven asphalt or concrete on play areas and walkways
Schools also have a duty to provide adequate supervision. Negligent supervision can cause a slip, trip, and fall accident that could have been avoided. Examples that might lead to injury include:
- Leaving students on the playground with no supervision
- Allowing children to access dangerous equipment or items
- Leaving young or disabled students alone
- Allowing large groups of students to congregate or engage in horseplay without supervision
The level of supervision required depends on the age, development, and unique needs of the students. New York has minimum staffing ratios and supervision requirements based on age, among other factors.
Can You Sue The School For A Slip And Fall?
In New York, public schools are government entities, which means there are specific rules for filing a claim. Typically, you must file a notice of claim against the school district within 90 days of the accident. Failing to file this notice within the required time frame can prevent you from pursuing legal action.
In New York City, injury claims must be filed with the Comptroller’s Office. After conducting an investigation, the Comptroller’s Office may offer a settlement if they believe the city may be liable. You may be required to attend a hearing. You can file a lawsuit if your claim is rejected or you do not accept the settlement offer.
You must wait at least 30 days and comply with any requested hearing before filing a personal injury lawsuit. Your lawsuit must be filed within 1 year and 90 days of the accident.
If your child attends a private school, the process is more straightforward. Private schools don’t have the same legal protections as public schools. You can file a claim directly against the school for negligence, but you still must provide evidence that the school failed to provide a safe environment.
What Damages Are Available if My Child Slips and Falls At School?
If the school is found liable for your child’s injury, you could recover compensation for various damages, including:
- Current and future medical expenses
- Lost wages if you had to take time off work to care for your child or for medical appointments
- Pain and suffering, mental anguish, and emotional distress
- Disfigurement and scarring
Before accepting any settlement offer, consult with an experienced personal injury attorney. Your lawyer will ensure you are not accepting an unfair or low offer that does not consider the full damages you and your child have suffered.
Steps To Take After A School Slip And Fall Accident
If your child slips and falls at school, it’s crucial to take immediate steps to protect their health and ensure proper documentation is in place for any potential legal claims. After your child is hurt, take the following steps:
- Seek medical attention. Your child’s health comes first. Even if the injury seems minor, some issues–like concussions or fractures–might not be immediately apparent.
- Report the incident. Notify the school immediately and ask for a written incident report.
- Document the scene. If possible, visit the school and take pictures of where the accident occurred. Look for any obvious hazards.
- Collect witness statements. If teachers, staff members, or students saw the accident, ask for their contact information.
- Keep records. Maintain a file with medical bills, communications with the school, and any other relevant documents related to the accident.
- Consult a personal injury lawyer. An attorney can help you navigate your claim, ensure your child’s rights are protected, and pursue fair compensation.
At Rosenbaum Personal Injury Lawyers, we have more than 40 years of experience handling personal injury claims involving New York schools. Contact our law office today to schedule a free consultation with a personal injury lawyer to discuss how we can help you and your child.
Contact Our Slip and Fall Accident Law Firm in New York City
If you’ve been injured in an accident in Manhattan, NY, and need legal help, contact our New York City slip and fall accident lawyers at Rosenbaum Personal Injury Lawyers to schedule a free consultation.
Rosenbaum Personal Injury Lawyers
100 Wall St 15th Floor
New York, NY 10005
(212) 514-5007