FEATURED CASE

Julio, 16, was an outpatient at the Manhattan Children's Psychiatric Hospital where he attended school every day and got psychiatric counseling and supportive therapy.

One day after school was out, he ran after a City bus, slipped and was run over by the back wheels, sustaining severe injuries including bilateral hip fractures, a torn anus and a shearing injury to his buttock.

The Transit Authority denied liability claiming they weren't negligent because Julio voluntarily ran after the bus. The City which operated and was responsible for the school, denied liability because they claimed the school day was over and the accident happened off of school property.

Mr. Dansker proved that the City Board of Ed had knowledge of Julio's poor impulse control (that was one reason he was there in the first place) and their own rules required them to safely put him on a bus. The Transit Authority was liable because the driver saw Julio running and made no effort to slow or stop the bus in violation of their own regulations.

NOTE: This verdict was exceptional in light of the fact that the jury found that Julio was also negligent in causing his accident.

SCHOOL liability

Dansker & Aspromonte are skilled school liability attorneys who have obtained millions of dollars for children injured at school

Students get injured at school all the time. Many injuries are the kind that happen through normal activities, sports, running where it is no one's fault, just simply part of growing up.

Then there is another category of injuries at school where, because of the negligence of the school administration or a particular teacher, a child is seriously injured and that injury should have been Avoided if proper care had been utilitzed at the time.

These accidents could involve a wide array of negligent acts including failure to maintain the premises, Failure to provide proper equipment or faulty equipment, failure to supervise activities and even during sports if there was something exceptionally wrong with some aspect of the field of play or equipment.

Each case rests on its own facts and has to be evaluated with regard to its specific circumstances of each case.

Be aware that since the majority of school cases are against the New York City Public School System, there are very rigid notice of claim and statute of limitations requirements. Time is always of the essence in these matters.

Please call Dansker & Aspromonte for a free consultation and case evaluation.

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