Yes, You Can Sue Your Child’s School for Child Injury in NY. Here’s How

In New York, you have the right to sue your child’s school if negligence or a lack of a safe environment causes them harm.

Whether your child attends a public or private school, these institutions are legally responsible for their students’ safety and well-being. Parents have the right to seek legal recourse when insufficient supervision, dangerous facilities, or a refusal to address hazardous conditions violate this obligation. This may include seeking compensation for medical expenditures, pain and suffering, and other injury-related damages.

Dealing with public schools, which are subject to specific legal regulations, can complicate the process. However, with the proper legal representation, you may hold the accountable parties liable and obtain the justice your child deserves.

The Difference Between Suing Public and Private Schools in NY

When it comes to filing a lawsuit against a school for your child’s injury, the legal process differs significantly depending on whether the school is public or private. 

Suing Public Schools

The legal principle of sovereign immunity protects public schools in New York, as they are considered government entities. Unless they consent to litigation, this doctrine often shields government entities from lawsuits. However, New York law allows this immunity to be waived in certain personal injury cases involving negligence. 

If you intend to sue a public school, you must first file a notice of claim. This document legally notifies the school district of the intention to sue and details the claim, including the injury, how it occurred, and the damages sought.

You must file this Notice of Claim no later than 90 days after the incident. Failure to meet this deadline could lead to the rejection of your lawsuit. After submitting the Notice of Claim, you usually have one year and 90 days from the date of the injury to launch a lawsuit against the public school. This is a shorter term than the typical three-year statute of limitations for personal injury claims in New York; therefore, it is critical to act soon.

Suing Private Schools

Non-government private schools do not have sovereign immunity protections like public schools. This simplifies the process of suing a private school, although thorough legal preparation is still required.

Unlike public schools, there is no requirement to file a Notice of Claim when suing a private school. This means you can proceed immediately to filing a lawsuit, providing you greater control over how and when you pursue your case. In addition, private schools are subject to the regular three-year statute of limitations for personal injury claims in New York. This gives you more time to gather information, consult with legal experts, and develop a compelling case.

Nonetheless, whether the school is public or private, the success of your claim is dependent on demonstrating that the school was negligent and that this conduct directly caused your child’s injury. This often requires an in-depth investigation, expert testimony, and detailed documentation of the accident and its repercussions.

Who is Liable When a Child is Injured at School in New York? 

Depending on the details of the incident, several parties may be held liable for a student’s injury at school in New York. The following parties are likely to face accountability:

• School Administration
• Teachers and Supervisors
• School District
• Third-Party Contractors
• Other Students
• Product Manufacturers
• Bus Companies
• School Nurses or Medical Staff

Each of these parties has specific responsibilities within the school setting, and whether they violated their duty of care leading to your child’s injuries determines their liability. An experienced school injury attorney can help you identify the correct accountable party, which is critical to constructing a strong case.

Can You Sue a NY School for Negligence?

Yes, you have the right to sue a school for negligence if you can prove that the school violated its duty of care, leading to your child’s injury.

A negligence lawsuit can hold schools liable if they fail to create a safe environment for students. However, proving negligence necessitates demonstrating that the school’s actions—or inaction—directly caused the injury.

Establishing four essential components is necessary for a successful negligence lawsuit against a school.

1. Duty of Care: Schools are required to keep students safe. This involves ensuring the safety of school buildings, providing adequate supervision, and designing activities to minimize danger.
2. Breach of Duty: A breach occurs when the school fails to fulfill its duty of care. This could include a variety of issues, such as insufficient supervision during recess, badly maintained equipment, unresolved bullying, or insufficient emergency measures. 
3. Causation: It is necessary to show that the school’s negligence directly led to the child’s injuries. This implies proving that the injury would not have occurred if the school had taken sufficient precautions. 
4. Damages: Finally, the damage must cause quantitative damages. Medical expenses, pain and suffering, emotional distress, and any long-term effects on the child’s physical or mental health may all be considered damages.

Establishing these key elements is not something straightforward to do. For that reason, it is important to work with a professional who can help you file a solid school injury claim.

When is a New York School NOT Liable for My Child’s Injury?

Certain circumstances may exempt a school from accountability for a child’s injury. For instance, if a child sustains injuries from natural disasters like earthquakes, floods, or sudden severe weather conditions, the school might not face liability, as long as they have taken reasonable precautions to safeguard students.

We only expect schools to prepare for foreseeable weather events, and we do not extend liability to extraordinary natural occurrences beyond the school’s control.

Similarly, the school may not bear full liability if the child’s actions significantly contributed to their injury. For instance, if a student disobeys safety instructions, like not climbing a fence, and sustains an injury, the school could argue that the child’s behavior was the primary cause of the injury, thereby reducing or eliminating the school’s liability.

Common Child Injuries Entitled to Compensation in New York

Broken bones, head injuries, and other physical harm caused by falls, playground accidents, or sports activities are examples of common injuries for which compensation may be available.

Bullying or harassment can also cause psychological damage, which could serve as the foundation for a lawsuit. Compensation may include medical bills, pain and suffering, and even the cost of ongoing therapy or rehabilitation.

The Common Challenges in Suing a School in New York

Suing a school for negligence is possible, but the process can be challenging, particularly when dealing with public schools that enjoy sovereign immunity. This protection does not make it impossible to sue, but it does impose additional legal obligations, such as filing a Notice of Claim within 90 days after the incident.

Furthermore, many schools have strong legal defenses. They might assert that they implemented all appropriate safety measures or attribute the injury to unforeseen events or the child’s own actions.

Overcoming these defenses necessitates a thorough investigation, expert testimony, and, in many cases, the involvement of witnesses who can attest to the school’s wrongdoing.

Let us Help You Protect Your Child’s Rights – Contact Greenberg & Stein, P.C. for Legal Help!

If your child has been injured at school, don’t wait to seek legal representation.

At Greenberg & Stein, P.C., we understand the distress and frustration that parents have when their child is hurt as a result of a school’s negligence. Our expert attorneys are committed to holding schools accountable and ensuring that your kid receives the recompense they deserve. Contact us at 212-681-2535 or schedule a free consultation here to review your case.

Contact us at 212-681-2535 or schedule a free consultation here to review your case.