How to Protect Your Child’s Rights After a School Accident
Quick Answer: A school injury claim in NYC is a legal action filed when a student is injured on school property due to negligence, unsafe conditions, or inadequate supervision. Successful cases can result in substantial compensation—Dansker & Aspromonte has secured millions for injured students, including $1.2 million for a playground injury.
When your child is hurt at school, you face two overwhelming challenges: ensuring their medical recovery and navigating a complex legal system. School injury claims in New York City can be especially complex because they involve government agencies, which means strict deadlines and procedural requirements under the General Municipal Law apply. While these rules also affect other personal injury cases against public entities, school injury claims often raise additional issues such as notice requirements, supervision standards, and premises liability unique to the school setting.
Unlike a slip and fall at a store, school injuries involve the legal concept of in loco parentis—schools act “in place of parents” and must exercise heightened care to protect students. This creates responsibilities that go far beyond what businesses owe their customers.
Real Result: $1.2 Million for Playground Injury
Ayisha W., a young student, was using a playground slide when her ring finger caught in a gap between metal panels. The improperly installed equipment severed the tip of her finger completely.
In Ayisha’s case, the jury found that the school breached this duty by allowing unsafe playground equipment to remain in use. That finding of negligence established the school’s legal liability, paving the way for the jury to then consider the scope of Ayisha’s damages.
The City argued it was “just the tip of her finger” and wasn’t worth much compensation. However, the evidence showed Ayisha suffered devastating emotional trauma that affected her self-esteem and daily activities. The jury awarded $1.2 million, recognizing that even seemingly minor injuries can have profound consequences for children.
Public vs. Private Schools: Critical Differences
The type of school your child attends dramatically affects your legal rights and procedural requirements. This isn’t just about paperwork—it can determine whether you have a case at all.
Critical for Public Schools:
You must file a Notice of Claim with the NYC Comptroller’s Office within a very short timeframe. Missing this deadline permanently bars your case, regardless of how severe the injuries or how obvious the school’s fault. Courts have dismissed potential million-dollar cases because families missed this requirement by a single day.
What to Do Immediately After a School Injury
Your actions in the first hours and days after an accident can make or break your case. Here’s what experienced attorneys recommend:
- Get Medical Care First: Even minor-seeming injuries can worsen. Document everything the medical staff tells you and get copies of all records, including any treatment your child received at school.
- Document the Scene: Return to photograph the accident location. Look for broken equipment, wet floors, poor lighting, or other dangerous conditions. Schools often fix hazards quickly after accidents.
- Collect Witness Information: Get names and contact details for anyone who saw what happened—students, teachers, staff, or visitors. Children’s memories fade fast, so act quickly.
- Request School Records: Formally demand incident reports, security footage, maintenance logs, staff schedules, and previous complaints about the same area or equipment.
- Preserve Evidence: Send a written demand that the school preserve all potentially relevant evidence, including video footage that might be routinely erased.
Common Types of School Injuries
Playground Accidents
These represent the largest category of school injury claims. Playground injuries account for significant emergency room visits annually. Common causes include:
- Defective equipment with broken parts or sharp edges
- Improper installation not meeting safety standards
- Poor maintenance and inspection practices
- Inadequate surface materials under equipment
Other Serious Injury Types
- Slip and Falls: In cafeterias, bathrooms, hallways during wet weather
- Sports Injuries: When schools provide defective equipment or inadequate supervision
- Transportation Accidents: School bus crashes, loading zone injuries
- Student Violence: When schools ignore warning signs or provide insufficient oversight
Multiple Million-Dollar Results
- $3.5 million for Mei Bi R., a developmentally disabled student struck by a city bus
- $2.8 million for Maria S., pedestrian hit by school bus
- $1.1 million for Julio’s school transportation injury
These results demonstrate that substantial compensation is possible when schools fail their duty of care.
Special Legal Standards for Schools
Courts evaluate school negligence differently than other personal injury cases. They consider:
- Foreseeability: Should the school have anticipated this type of accident?
- Age-Appropriate Care: Younger children need closer supervision and safer equipment
- Emergency Response: Did staff respond properly with first aid and medical attention?
- Safety Protocols: Were established procedures followed?
Schools aren’t insurers of student safety, but they must provide reasonably safe environments. The key question is whether their actions fell below the standard of care a prudent parent would exercise.
Frequently Asked Questions
Case values depend on injury severity, long-term impact, and the degree of school negligence. Factors include medical expenses, pain and suffering, future care needs, educational impact, and lost earning capacity. In rare cases, if the school’s conduct was especially reckless or showed willful disregard for student safety, juries may also award punitive damages to punish the wrongdoing and deter similar behavior in the future. As our results show, even seemingly minor injuries can result in substantial awards when they have lasting effects.
Yes, if the school’s negligence increased the inherent risks. While sports involve some natural risk, schools can be liable for providing inadequate equipment, unsafe conditions, improper instruction, or insufficient supervision.
Under New York’s doctrine of pure comparative negligence, codified in CPLR 1411, an injured party can still recover damages even if partially at fault. However, any award is reduced in proportion to the plaintiff’s percentage of responsibility. Very young children often can’t be held responsible for actions they’re too immature to understand are dangerous.
Schools cannot legally retaliate against students whose families file injury claims. Your child has the right to continue their education without discrimination. Many cases settle confidentially, and insurance companies typically handle the legal process, not school administrators.
School injury cases involve complex procedures and unforgiving deadlines. Missing the Notice of Claim requirement for public schools permanently destroys otherwise valid cases. Given the specialized knowledge required and the stakes involved, professional representation is essential.
Don’t Let Critical Deadlines Pass
School injury cases require immediate action and specialized knowledge. The filing window for public school claims is much shorter than standard personal injury cases.
Call (212) 732-2929 for a free consultation.
Dansker & Aspromonte Associates has recovered millions for injured students and their families. Let our experience protect your child’s rights.
References
- New York State Education Department. (2025). School Safety Plans. https://www.nysed.gov/student-support-services/school-safety-plans
- New York General Municipal Law § 50-e. https://www.nysenate.gov/legislation/laws/GMU/50-E
- NYC Comptroller Claims Filing. https://comptroller.nyc.gov/services/for-the-public/claims/file-a-claim/
- NYC Comptroller eClaim System. https://comptroller.nyc.gov/services/for-the-public/claims/e-filing/