Slip and Fall at School – Child Injury Claim in New York
The weather in New York can vary greatly from one day to the next. Winter weather may be rather chilly, therefore it is critical to dress appropriately and wear proper footwear. It normally begins to snow in December, and the final snowfall may occur in March. During these months, you must use extreme caution when walking. When the floor is ice and slippery, it is quite simple to slip and fall. It is the obligation of schools to ensure that their facilities are safe for children.
As a result, they must ensure that snow is cleaned off sidewalks, pathways, entrances, and other outside areas of the property following a snowstorm. Although the classroom should be a safe environment for students, accidents can occur for a variety of reasons. Nonetheless, it is possible that the school personnel behaved carelessly, causing a kid to be hurt as a result of a slip and fall accident. It is tremendously painful for parents to see one of their children being injured as a result of someone else’s carelessness. Furthermore, medical expenditures following a slip and fall accident might be exorbitant. Parents have the right to seek compensation for their children’s injuries if the school was negligent. If your kid was injured in a slip and fall accident at school, get expert advice from an experienced school injury attorney.
What to Do If My Child Slips and Falls at School?
The first step is to take your child to the doctor. Slip and fall incidents may be extremely dangerous and result in a wide range of injuries. While some injuries are minor, others, such as traumatic brain injuries (TBI), can have far-reaching implications. Your kid may feel well after the mishap in certain situations. However, some injuries do not become apparent until several hours or even days after the accident. It is critical that a doctor examines your kid and ensures that they are healthy.
Get legal assistance as soon as possible. Speaking to a lawyer is important because that way you can learn more about your legal options. Depending on the specifics of your case, you may be able to pursue compensation for your child’s injuries. However, to be able to be reimbursed for your losses, you need to prove that the school was negligent. An attorney can help you investigate the accident and build a solid case.
The following step is to file a claim against the school. Once you have evidence that the school was negligent, you must begin the claim procedure. Remember that suing a public school is more complicated and harder than suing a private school. Because public schools are government entities, they are protected by sovereign immunity. This does not exclude them from being sued. It just indicates that the procedure will be different and more difficult.
Leading Causes for Slip and Fall Accidents at Schools
There are several causes for slip and fall accidents at school. Here are some of the most common:
- Icy or slippery surfaces
- Lack of entryways carpets
- Irregular pavement or concrete
- Loose or missing handrails
- Not wearing appropriate footwear
Liability for Slip and Fall Accidents on School Property
Schools owe a duty of care to children. School administrators and personnel must ensure that the school grounds are safe for students and that all dangerous circumstances are eliminated in a timely manner. This includes snow, ice, and other conditions that might cause a child to fall. Schools cannot be held responsible for all slip and fall incidents that occur on their property. In rare situations, the accident may occur due to factors outside the school’s control. For example, kids playing recklessly. Nonetheless, if you and your attorney are able to prove that the school did not take the appropriate safety measures to prevent a kid from getting hurt, they can be held liable for the damages incurred by the youngster.
Filing a Claim After a Slip and Fall Accident at School
As previously stated, the process of filing a claim against a school will vary depending if it is a public or private school. Filing a claim against a government entity requires some additional steps that are not required to sue a private entity. Furthermore, there are other deadlines that have to be met. A school injury attorney can help you filing a claim against a public school and ensuring that you meet all deadlines.
Recoverable Damages for a Child Slip and Fall
When you sue a school for your child’s injuries, regardless of whether it is a public or private school, you can obtain the following damages:
- Medical bills
- Future lost income and earnings capability due to a permanent impairment
- Other out-of-pocket expenses
- Physical therapy
- Nursing and other care services
- Pain and suffering
- Mental anguish
Proving School Liability
The most significant aspect of launching a claim against a school is demonstrating that the institution was negligent. Schools must guarantee that students may safely walk and use the facilities. An attorney can assist you in constructing a credible evidence-based case to demonstrate that the school was negligent. Photos, recordings, eyewitness testimony, complaints of dangerous circumstances that were not corrected, and other pieces of evidence can be used in court to show carelessness.
New York School Injury Attorney
Greenberg & Stein P.C. is a New York-based legal company focused on assisting persons who have been wounded as a result of someone else’s negligence. Our team includes highly skilled school injury attorneys who can assist you in obtaining the reimbursement you deserve for your child’s injuries. We know that the last thing that any parent would want is to see their kids get injured. Unfortunately, accidents happen. However, you are entitled to seek compensation if someone else was responsible for your child’s safety. If your child has recently been injured at school, contact us at 888-716-3843 to schedule a free consultation to review your case.