As a new school year has just begun some parents have felt what is natural- concern about your child’s safety. It’s a natural response to know that your child is in good hands and that they are not in harm’s way. We’ve become all the more aware of bullies in schools and freak accidents that happen from children bumping into each other to falling down on the playground. Without being their to care for them we want to be certain that those in charge are doing so.
Nevertheless, there are avoidable accidents that could’ve been prevented if there wasn’t negligence on the school’s part. So while accidents will happen on the playground there’s a difference between a slip and fall as opposed to an injury because a slide or a swing was damaged and in need of repair. Inside of the school there must be caution signs up in any area that is receiving maintenance or custodial work such as a wet floor after mopping. There’s no excuse to disregard areas where children can be injured by failure to let them know an area can be dangerous.
With city schools having thousands of students, there has to be enough staff to supervise each class, watch children during lunchtime and when out to play. The more people on staff the quicker an argument can be dissolved between students or an accident will not occur.
While you are able to sue if your child is hurt due to negligence within the school or on the school’s property there are still restrictions. If a child is hurt on their way to school or home from school- that is not the school’s responsibility neither is it if they are out playing on a playground after school hours. However, if your child was involved in a school bus accident you may not be able to sue the school but the company that the bus driver works for or even the driver himself.
It is important to note that if your child is a student at a New York City public school than you have to act quickly in the case of an injury. You must submit a claim to a government administrative agency within 90 days. If the agency rejects your claim you can go ahead and file a claim with the civil court.
Private schools operate a bit differently. If your child attends here and is injured you have to proceed to file a lawsuit the same way you would if they were hurt on someone’s personal property.
When a child is hurt at a school it draws a lot of attention. Attorneys that work for the school will try to settle with you without going to court. They don’t want Injuries making headlines.
Do your best to refuse to negotiate with these lawyers instead make sure you file a lawsuit with your own personal injury lawyer and let them do the leg work that is needed for your case. They’re fully aware of what must be done so that you do not have to battle the system yourself. They are aware of what injuries constitute as the school’s responsibility and which don’t so that you do not waste your time. They want to make sure you and your child are compensated for any pain and suffering that occurred as a result of the school and the medical expenses that may have piled go due to the injury as well as if your child will need long term care.
