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New York City School Injury Attorney

Need a Lawyer for Child Injury at School in NY?

Parents and legal guardians should be able to send their children to school every day without being worried that they will suffer injuries due to another person‘s negligent actions. Unfortunately, this happens more often than you may think.

If your child has suffered injuries in an accident at school, you may be able to hold those responsible for your child’s suffering accountable. A New York City school injury lawyer at Dansker & Aspromonte LLP Associates can help you with your case. 


For a free legal consultation with a school injury lawyer serving New York, give us a call at (646) 692-0204.


Possible Causes of School Injuries in New York

Many people struggle to understand how their child could have suffered injuries at school. Sadly, there are many possible causes of school accidents and incidents, such as:

Of course, there are a wide range of possible causes and types of school accidents and incidents that may produce serious injuries. If your child has been injured in another way, one of our team members can help you find out what legal options may be available to you and your family.

Who Is at Fault for School Injuries in New York City?

One primary reason families are hesitant to take legal action after their child has suffered an injury at school is because they are unsure who may be responsible for their child’s injuries. You may also feel that your child's injuries are not serious enough to bring a claim. Even if you are not sure if you have a viable case, speak to the experienced lawyers at Dansker & Aspromonte Associates for a free consultation.

Multiple parties may be responsible for your child’s safety and well-being while they are at school. Some of the parties that may be named in New York City school injury lawsuits include:

  • The Board of Education
  • A charter school
  • Administrators
  • Coaches
  • Bus drivers
  • Chaperones
  • The school district
  • Teachers
  • School staff members
  • The school itself

Public School Injuries

Public schools and charter schools are typically regulated by state school boards and their rules, and many state’s laws usually grant special protections to these schools and their staff for particular injuries sustained by children while under the school’s care. What’s more, rules could require that notice be given to officials of the school prior to any action being taken against the facility. Notice requirements and time limits can also limit your ability to sue. In light of these time limits and special rules, it is important to speak to a lawyer as soon as possible after an incident to protect your rights.

Private School Injuries

While private schools are not regulated by the exact rules as public schools, the operators and owners of private schools still have a duty to exercise reasonable care for the well-being and safety of children under their care.

Actions of Negligence

Actions against school employees, operators, and owners, can be brought as negligence against all the responsible parties involved for your child’s school-related injury. These injuries could be caused by teacher, other students, involve playground equipment, in-school equipment, poorly maintained outdoor or indoor premises, failure to provide sufficient security to allow trespassers to access the premises, and even failure to administer required medication.

Negligent Supervision

Schools and their employees can be held responsible for negligence for injuries sustained by a child as a result of negligent supervision. Some examples of injuries resulting from negligent supervision include failing to observe and prevent dangerous activities such as fighting, misusing school equipment, running, bullying or sexual abuse of another student. If a supervisor or teacher fails to intervene when children are involved in behavior that could result in injury, that failure to take action can be found to constitute negligence by the school and supervisor.

According to the American Academy of Pediatrics, typically children between 5 – 19 years of age experience a significant number of injuries as a result of intentional acts rather than negligent acts. Whether your child’s injuries are the result of intentional actions or the result of negligent actions, school employees can be held responsible for failing to properly supervise school activities.

Statute of Limitations for School Injury Claims in New York

School injuries cases require quick action. You need to be prepared to act quickly before the New York state statute of limitations expires. In general, cases against New York City public schools have a one year and 90 day statute of limitations. Privately owned schools have a 3 year statute of limitation sunder CVP § 214.

However, cases against New York City public schools  or charter schools require that a Notice of Claim first be filed within 90 days of the injury and you must also file your case within one year and 90 days of the injury. If you fail to file the Notice of Claim against The City of New York or charter school by the applicable deadlines, you could be prevented from recovering the compensation you deserve.

There are some exceptions which apply in school accident cases, but they are rarely applicable. To find out how much time you have to pursue your case, you will need to speak with a school injury attorney in detail about the circumstances of your case. 

It is also important for you to consult a lawyer as soon as possible after an accident so that evidence can be preserved before it is lost. Very often the strength of your claim will depend upon the amount of time that has passed since your injury.

How a School Injury Lawyer In New York City Could Help You

After your child has suffered serious injuries in a school incident or accident in New York City, you may be unsure of what to do next. Should you reach out to the school for help? Maybe you should call the police? The answers are not always clear. 

The good news is, when you work with a New York City personal injury attorney, you can receive the legal guidance and support you are looking for. Some of the ways your attorney can help you get through these difficult times include:

  • Obtaining records from the school about the accident or incident
  • Opening up an investigation into the accident to determine liability and causation
  • Gathering relevant evidence to support your case, such as photographs, video footage from nearby homes or businesses, police and accident reports, medical records, and more
  • Speaking with any witnesses, teachers, staff, and other experts regarding the school accident in question
  • Establishing whether incidents and accidents like these have happened before at the school
  • Preparing to negotiate with the liable parties and bring your case to court if necessary to recover fair compensation for your child’s suffering 

Although many families are hesitant to get help from an attorney because the thought of pursuing litigation is overwhelming, it may be the only way to hold those responsible for your child’s injuries accountable for their negligence or misconduct. Discussing your case with our lawyers will help you protect your rights and give you peace of mind.

Damages Available After a New York School Injury

Children who are seriously injured in New York school accidents have the right to be compensated for all of the ways their lives have been affected by their injuries. 

When adults suffer personal injuries at the hands of another, they are quick to seek restitution for their financial losses. But since children do not typically earn a living, you may not be aware of the various losses that they have the right to recover. Some of the different damages that your child could be awarded as part of their school injury claim in New York include:

  • Pain and suffering
  • Costs of mental health counseling
  • Medical care and equipment costs
  • Diminished quality of life
  • Emotional distress
  • Scarring and disfigurement 
  • Reputational damage

These are only a few of the possible economic and non-economic damages that are awarded in personal injury claims. Your attorney can help you determine how much your child could be awarded in your case.


Call or text (646) 692-0204 or complete a Free Case Evaluation form.


New York School Injuries FAQ

Can I sue a private school for my child’s injuries?

New York liability law allows you to seek compensation from virtually any liable party, including private schools. The key is being able to prove that the private school didn’t take reasonable steps to prevent your child’s injury.

Can I sue a public school for my child’s injuries?

Public schools can be defendants in injury claims and trials, depending on the situation. Filing a claim against a public school could have a very brief statute of limitations or other claim deadline, so don’t wait to talk to a New York school injury lawyer. 

What proof do I need when taking legal action against a school?

Ideally, your school injury claim will be established on tangible proof of negligence or wrongdoing on the school’s behalf. For example, school records that show lax safety standards, photographs or videos of the accident, and even testimonies from fellow students can all be helpful when building the claim.

When is a school not liable for my child’s injury?

A school could avoid liability for a child’s injury if the injury was unpreventable or caused by no negligence of the school. For example, if a child is dared by their friend to jump down a flight of stairs and suffers an injury, then the school would likely have no liability in that situation unless a strong claim can be made that the incident was the result of negligent supervision. Even with plenty of staff around, the school could make the argument that there was no time to stop the student from participating in the dare which the student themselves should have realized would likely cause an injury.

Are there limits to how much compensation I can receive in a school injury claim?

There are typically no strict limits to how much compensation a school injury plaintiff can receive through a successful claim. New York does not impose a limit on the damages for pain and suffering, either.

What if someone other than the school caused my child’s injury?

A school can still be liable for damages if a student suffers an injury caused by a third party, like another student. What’s important is whether or not the school could have intervened to protect the injured student, or reasonably should have known that an injury or bullying incident could occur but did nothing to stop it.

What if my child was in a school bus accident?

You can file an injury claim against the school district if your child was injured in an accident caused by a school bus. Like any other auto accident case, you should prepare tangible evidence that the school bus operator’s negligence caused the crash. If that isn’t the case, then you might have to file a claim against another involved party like a motorist who crashed into the school bus.

Who pays for medical treatment if a kid is hurt while at school?

If a child needs medical treatment after a school injury, your health insurance is responsible to pay the claim. If you have no insurance, you may be able to forward the bill to the school administration depending upon the circumstances.

What if I signed an injury waiver?

Some schools make parents sign waivers that explain that the school can’t be held liable for any injuries suffered by their children while attending class there. Although such waivers can be legally strong, they are rarely completely unmovable. You should at least speak with our New York school injury attorneys and let us review this waiver. It might be possible that you can still file a claim due to gaps in the waiver, or if the waiver is unreasonably restrictive.

What if my child is hurt before or after school hours?

When a child is injured before or after school hours, the school could still be liable if its staff still reasonably had an obligation to watch over and protect that child from harm.

Focused On Your Recovery

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      A four-year-old boy was brought to the hospital for a routine eyelid repair. To cut costs, the hospital contracted out its anesthesia services to a third-party corporation.

    • MVA - Police Officer $31 Million

      A 35-year-old New York City Police officer was admitted to Jacobi Hospital with head and limb injuries after a collision.

    • Wrongful Death $21.5 Million

      This accident occurred in the Bronx when our client was working on a sanitation truck. The driver lost control while making a turn. Our client was ejected and the truck ran over his leg.

    • Pedestrian Injury $10.3 Million

      A 22-year-old theater intern was walking across the intersection of 42nd Street and Ninth Avenue in Manhattan when she was struck by the rear door of a passing truck which had flown open because it had been improperly secured by the driver.

Focused on Your Recovery

    • Brain Damaged Child $50 Million

      A four-year-old boy was brought to the hospital for a routine eyelid repair. To cut costs, the hospital contracted out its anesthesia services to a third-party corporation.

    • Pedestrian Injury $10.3 Million

      A 22-year-old theater intern was walking across the intersection of 42nd Street and Ninth Avenue in Manhattan when she was struck by the rear door of a passing truck which had flown open because it had been improperly secured by the driver.

    • Wrongful Death $21.5 Million

      This accident occurred in the Bronx when our client was working on a sanitation truck. The driver lost control while making a turn. Our client was ejected and the truck ran over his leg.

    • MVA - Police Officer $31 Million

      A 35-year-old New York City Police officer was admitted to Jacobi Hospital with head and limb injuries after a collision.

Handle Your Case With Confidence

Contact Dansker & Aspromonte

We serve clients throughout the New York City Metropolitan area, including Manhattan, Brooklyn, the Bronx, Queens, Staten Island, and Nassau and Suffolk Counties. Contact us for help today.

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