Has your child sustained a personal injury at school due to negligence? We understand that children get injured at school often. Many of those injuries happen through everyday activities, sports, running, and simply growing up and having fun. That’s no one’s fault. But, when negligence is involved, our team of school liability attorneys at Dankser&Aspromonte have experience obtaining millions of dollars for children who have been injured at school.
Liability injuries are those injuries that occur because of negligence of the school administration or even the teacher. It’s the type of injuries that could have been avoided with proper care.
These kinds of accidents may involve an array of acts such as:
Of course, each school liability case rests on its own facts and needs to be evaluated regarding the specific circumstances. Typically, most school cases are against the New York City Public School System, which means there are extremely rigid statute of limitations and notice of claim requirements. So, time is of the essence in such matters.
Public School Injuries
Public schools are typically regulated by state school boards and their rules, and many state’s laws usually grant immunity to public school 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. Sometimes, an action for injuries against a public school may be allowed, but there may be a cap on damages which limits how much compensation will be awarded to you. Notice requirements and time limits also determine such cases from ones that could be brought against private schools.
Actions taken against public schools need to be filed with administrative agencies, which can issue an award of damages for the child’s injuries. However, many states have very strict requirements regarding such procedures.
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.
Common Injuries in School
Each year, nearly 4 million children and teenagers are injured while they are at school. About 80% of elementary school children need to see a nurse for treatment each year.
School injuries can occur in a range of ways and for a range of reasons. Our expert team of school injury attorneys at Dansker&Aspromonte can help you if your child has been injured due to any of the abovementioned reasons.
School shootings, in particular, tend to garner great attention from the media, but they aren’t the largest percentage of school injuries that occur. While around 10% of school injuries require hospitalization, and are intentionally inflicted, most injuries are accidents, with sports-accidents and falls being the leading caused.
If your child has been injured at school because of poor supervision, negligence, faculty abuse or faulty equipment, one of our school-injury attorneys can help you with your legal rights.
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, bad food served in the cafeterias and at snack times, 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.
Schools and their negligent employees can be held responsible for negligence for injuries sustained by a child as a result of negligent supervision. If a supervisor or teacher fails to intervene when children are involved in rough play or even a fight, for instance, 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. When an injury could have been prevented by the supervisor in charge providing proper supervision, that inadequate supervision along with the intention acts of the perpetrator can be found to be the causes of the injuries the child sustained.
In some instances, when bullying or any other intentional acts by another child are the result of another child’s injuries, the parents of the child who caused the injuries can sometimes be held reliable, too.
Call Us For a Free Consultation
Dansker&Aspromonte serve the NYC Metro area, Brooklyn, and surrounds. If your child has suffered an injury at school as a result of negligence, we are here to help. We will not charge legal fees until we win or settle your case. Contact us for a free consultation today. Get in touch online or at 212-732-2929 to book an appointment with a school liability attorney.