School Accidents
As parents, we like to think of schools as a safe space for our kids to learn and play. We trust our school administrators and teachers to take care of our most vulnerable family members – our children. With trust comes responsibility. Schools are responsible for the well-being of our kids.
However, accidents happen. Rosenbaum & Rosenbaum, P.C. have decades of experience dealing with school accidents in New York City. We have recovered millions of dollars for our injured clients. Contact us right away for a free consultation with a New York City school accident lawyer.
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How Can Rosenbaum & Rosenbaum, P.C. Help My Child After a School Accident in New York City?
School administrators and teachers have a duty to protect and care for your children during school. This duty is referred to by courts as “in loco parentis,” meaning “in place of the parent.” Teachers are often held to the prudent teacher doctrine. This means they must act as a reasonable teacher would to prevent injuries to your child.
If your child was injured in a school accident, our New York City personal injury lawyers can help. We have over four decades of experience in personal injury law—and we’ve recovered tens of millions of dollars for injured New Yorkers.
You can trust our legal team with:
- Filing a notice of claim against the State
- Dealing with lawyers and insurance companies
- Investigating and analyzing the incident from every angle
- Working with relevant experts to establish your case
- Calculating your full damages
- Handling motions in court
- Taking your case to trial if needed
Do not let school district officials scare you into settling early or convince you not to sue. Public and private school lawyers are well versed in how to minimize their school district’s blameworthiness for child injuries. Rosenbaum & Rosenbaum, P.C. has your back and will fight to get you the compensation your child deserves.
How Do I Prove Negligence After My Child’s School Accident in New York?
To effectively build a case against school officials, you need experienced legal counsel to evaluate your case. There are several different legal theories that could lead to recovery for a school or school bus accident.
First is negligence, which triggers most lawsuits against schools. Proving school officials were negligent means showing they violated their duty of reasonable care to prevent injuries to their students.
The elements of a negligence suit are:
- The school had a duty to use reasonable care to protect the student
- The school violated this duty
- This violation caused the accident
- The student suffered injury and damages
Your New York City personal injury lawyer can help you prove these elements.
Premises Liability and Negligent Supervision
One type of negligence lawsuit is called premises liability. Premises liability is used to sue when a feature of school property or grounds caused an injury. Property owners, including schools, have a duty to protect guests and students from unreasonably dangerous conditions on the premises. This duty often includes performing inspections to discover dangerous conditions and fixing them before anything happens.
Another type of negligence that applies to school accidents is negligent supervision. Negligent supervision occurs when the school fails to supervise students properly. The appropriate level of supervision depends on the kids’ age, the type of activity, the experience of the kids engaging in the activity, and the kids’ location.
For example, more supervision may be needed for a science lab experiment than would be needed for a routine math class. Inadequate supervision frequently leads to school accidents.
Intentional Harms
NYC schools don’t just have a duty to supervise and maintain safe school grounds. They also have a duty to protect children from intentionally harmful conduct.
The following are a few examples of intentional conduct schools must protect your kids from:
- Sexual assault
- Wrongful imprisonment
- Bullying
- School violence
School officials must be held responsible for failing to protect your child when they are hurt at school. These forms of intentional conduct are no longer rare in our society. Schools have no excuse for failing to anticipate and prevent such despicable conduct.
Measures like background checks, hiring security, and investigating complaints are all reasonable measures that can prevent serious harm.
What Kind of Damages Can I Recover for My Child’s School Accident?
Damages vary greatly from case to case. Typically a plaintiff can recover economic damages to compensate for financial losses after an accident, including medical treatment, lost income, and more. Non-economic damages are also available to compensate for any emotional harm, disfigurement, and loss of consortium your child experienced due to their accident.
Child injuries can result in high-value claims. That’s why schools fight them tooth and nail. Rosenbaum & Rosenbaum, P.C. will help you value all your child’s damages and pursue every cent from the parties responsible for their injuries.
How Long Do I Have to Sue After A School Accident in NYC?
You must act quickly if your child was injured in a school accident in New York. In the law, there is a concept called “sovereign immunity.” If your child was injured at a public school, sovereign immunity rules apply to your case. In New York, this means a notice of claim must be filed within 90 days of the incident, or else your case may be completely blocked.
In New York, a typical injury claim must be filed within three years, while a wrongful death suit must be filed within two.
Contact our New York City law firm today to learn more about an attorney-client relationship.
Contact Our NYC Premises Liability Law Firm for a Free Consultation
Whether your child was injured at a public or private New York school, you need a lawyer experienced with school accidents in New York City. Our team can help you recover every penny your child is entitled to under the law.
Do not risk your child’s future by accepting a lowball settlement offer for their injuries. Contact us right away for your free and confidential consultation with a New York City school accident.
