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When it comes to the safety and well-being of our children, schools play a vital role. With that said, accidents can still occur, leading to injuries that may have a lasting impact on a child's life. If your child has been involved in a school accident in New York and you believe negligence or misconduct contributed to their injuries, you need a skilled and compassionate school accident lawyer in New York City on your side. 

At the Law Offices of Michael S. Lamonsoff, we offer dedicated legal representation to families in school accident cases, fighting tirelessly to protect the rights of injured children and hold responsible parties accountable. 

What to Do if Your Child was Injured at School?

If your child has been injured at school in New York, it's important to take the following steps to ensure their well-being and protect their rights:

  • Seek immediate medical attention: Call for emergency services or take the injured child to the nearest medical facility. Ensure that their injuries are properly evaluated and treated.
  • Notify the school: Contact the school administration as soon as possible to report the incident and inform them about your child's injury. Request that an incident report be filed.
  • Document the incident: Take photographs of the scene, any hazardous conditions or equipment involved, and your child's injuries. Preserve any clothing or objects that may be relevant to the incident.
  • Obtain witness statements: If there were witnesses to the accident, collect their contact information and ask them to provide statements regarding what they saw. 
  • Keep copies of medical records: Maintain a file with copies of all medical records, including diagnoses, treatment plans, prescriptions, and bills. 
  • Consult a school accident lawyer: Contact our experienced personal injury lawyers specializing in school accident cases in New York. We will guide you through the process of seeking compensation for your child's injuries.
  • Preserve evidence of negligence: Work with our lawyers to gather evidence to support your claim. This may involve obtaining maintenance records, inspection reports, or any other relevant documentation related to the school's duty of care.

Types of Accidents and Injuries at Schools in New York

Here are some common types of accidents and injuries that can happen on school premises in New York:

Slip and falls 

Slippery floors, wet surfaces, or objects left in walkways can cause students to slip, trip, and fall, resulting in injuries such as sprains, fractures, or head injuries.

Playground accidents 

Playground equipment can pose hazards if not properly maintained or supervised. Falls from slides, swings, or climbing structures can lead to fractures, concussions, or other injuries.

Sports-related injuries 

Students participating in physical education classes or school sports activities may experience injuries such as sprains, strains, fractures, or concussions.

Bus accidents 

Accidents involving school buses can occur during transportation to or from school. These accidents can result in a range of injuries, from minor cuts and bruises to more severe injuries like fractures or head trauma.

Bullying incidents 

Bullying can lead to emotional and psychological harm for students, resulting in anxiety, depression, and other mental health issues.

Classroom accidents 

Accidents can occur within the classroom, including incidents such as falls from chairs or desks, injuries during science experiments, or exposure to hazardous materials.

Negligent supervision incidents 

Inadequate supervision of students can lead to accidents or injuries. Lack of supervision during recess, field trips, or other school activities can result in harm to students.

Defective equipment 

Malfunctioning or defective equipment, such as laboratory apparatus, sports gear, or classroom furniture, can lead to injuries.

Transportation accidents 

Injuries can occur during school-sponsored transportation, such as accidents involving school vans or other vehicles used for field trips or extracurricular activities.

The Law Offices of Michael S. Lamonsoff
Boy playing hopscotch at school

How Will a Lawyer Help You If Your Child was Injured at School?

If your child has been injured at school in New York, hiring our school accident lawyers can help you in several ways.

Legal knowledge: Our lawyers have in-depth knowledge of the relevant laws, regulations, and legal procedures specific to New York school accident cases. We will navigate complex legal issues on your behalf.

Case evaluation: Our lawyers will evaluate the strength of your case, determine liability, and advise you on the potential legal options available to seek compensation.

Gathering evidence: We will conduct a thorough investigation to gather evidence supporting your claim. We may gather surveillance footage, obtain maintenance records, interview witnesses, or consult with specialists to establish negligence or misconduct on the part of the school.

Communication and negotiation: Our lawyers will handle all communication with the school, their insurance company, and other relevant parties and strongly advocate on your behalf for a fair and just settlement.

Take the case to trial: If a settlement is not reached through negotiation, our lawyers are ready to fight your case in court. We will represent your interests in litigation, presenting your case before a judge and jury and fighting vigorously for your child's rights.

Having our school accident lawyers in NYC by your side can level the playing field and ensure that your child's rights are protected. 

Grounds for Filing a School Accident Lawsuit in New York

When considering filing a school accident lawsuit in New York, several grounds may provide the basis for your claim.

  • Negligence: If the school or its staff failed to exercise reasonable care and this negligence directly contributed to your child's injury, you may have a valid claim. This could include situations where the school failed to maintain a safe environment, properly supervise students, or address known hazards.
  • Premises liability: Schools have a duty to maintain safe premises for students. If your child's injury resulted from a hazardous condition on the school property, such as defective equipment, unsafe playground surfaces, or inadequate maintenance, you may have a premises liability claim against the school.
  • Failure to follow protocols: If your child's injury was a direct result of the school's failure to follow established protocols, such as inadequate safety measures during physical education classes or negligence in response to medical emergencies, you may have a claim.
  • Absence of supervision: If your child's injury was a result of inadequate supervision or negligent supervision by school staff, you may have grounds for a lawsuit.
  • Defective products: If your child's injury was caused by a defective product, such as faulty playground equipment or defective school supplies, you may have a product liability claim.
  • Bullying or intentional misconduct: If your child was injured as a result of bullying or intentional misconduct by another student, and the school failed to address or prevent the situation, you may have a claim against the school.

Who’s Liable for Your Child’s Injuries at School?

Several parties may potentially be held liable, including:

  • School administration
  • School staff
  • Contractors and third parties
  • School board
  • Product or equipment manufacturers or suppliers

What is the Statute Of Limitations for a School Injury?

In New York, the statute of limitations for filing a personal injury claim, including a school accident injury, is generally three years from the date of the incident. 

However, most likely the injured school child may be a minor (under 18 years old), in which case the statute of limitations may be extended. Typically, the three-year period does not begin in New York until the minor reaches the age of 18. 

Notably, if the liable party is a public school operated by the government, there may be different rules and shorter time limits for filing a claim. Generally, claims against public entities in New York require a notice of claim to be filed within 90 days of the incident.

What Damages Can You Be Compensated For?

In school accident injury cases, you may be entitled to seek financial compensation for damages, such as:

  • Current and future medical costs
  • Lost income of the caregiver parent
  • Pain and suffering
  • Disability or disfigurement
  • Specialized education expenses
  • Emotional distress
  • Punitive damages
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