Blog > Child Injuries @es > Categories > How to Claim for an Accident at School in New York?

How to Claim for an Accident at School in New York?

child injury at school
New York City Personal Injury Lawyer I Greenberg & Stein, P.C.

When your children go to school, you usually anticipate them to be safe during the day because you trust the school to look after them. Unfortunately, this is not always the case, and children may be hurt as a result of a lack of supervision or other forms of institutional carelessness. If this is your case you can file a school accident injury claim to receive compensation for the injuries your child sustained. You can sue the institution or an individual employee, depending on the nature of the accident or harm. For example, if a teacher, coach, or other member of the staff assaults a student, they can be held liable for the damage the student incurred. Accidents that occur in school premises or during a school-sponsored activity, on the other hand, are entirely the responsibility of the school. Filing a lawsuit against a public school might be more complicated than other cases, but with the proper guidance of an experienced lawyer you can increase your chances of getting compensation. The following are some steps you should take when filing a school accident lawsuit. Keep in mind that this legal process is for public schools (for private schools the procedures may differ, experienced school accidents lawyers can properly guide you). 

  1. The first thing you have to do is to submit a “notice of claim”. The fundamental goal of the notice of claim requirement is to notify municipal bodies of prospective claims as soon as possible, giving them enough time to investigate the circumstances and merits of the claim while witnesses, records, and other evidence are still available. This has to be done in less than 90 after the school accident. 
  2. Once you have submitted the notice of claim and you have ensured with a lawyer that all paperwork is correct, you or your child will be interviewed. This interview is called “50-H Hearing”. The purpose of this hearing is to expose the case to the Department of Education. Depending on the accident and the injuries sustained by the minor, the school district may require to examine the kid’s injuries. 
  3. After the hearing, the school must suggest a settlement in less than 30 days. To make the best decision, you’ll need to carefully examine the offer with the help of an attorney. Accept the offer if it fully covers the costs associated with the accident. If the offer isn’t fair, you can proceed and file a lawsuit against the institution, and the case will be handled similarly to most other court matters.

After a School Accident in NYC, Who is Liable For My Child’s Injuries?

Schools are responsible for ensuring that school premises are safe for students, that all of the staff hired is qualified to supervise children, that pupils are protected from bullying, and that the food given is safe to eat. When a minor is injured in an accident caused by the school’s negligence in any of the previously specified areas, it is referred to as a school accident, and the institution can be held accountable. Therefore, parents can demand compensation for medical bills, pain and suffering that the kid had to go through and loss of future income (in case it applies). Nonetheless, there are other cases where individuals can be held responsible for malicious actions against a kid. For example, if a student is physically or sexually assaulted by a teacher, coach or other staff member, tutors can file a personal injury lawsuit against this individual. Yet, even in these circumstances, the school can bear some responsibility because it is their obligation to guarantee that their staff is qualified to work with children and is mentally capable.

What Are The Most Common Accidents That Happen at School?

Here is a list of some of the most common school accidents for which school injury claims can be filed. 

  • Playground injuries: Schools must ensure that everything in their playground is safe for children, that it is in good working order, and that it complies with all safety laws. Another element that schools must consider is the amount of adults who are responsible for monitoring the children while they are playing.
  • Slip and fall accidents: The institution is responsible for keeping all surfaces where students walk in proper conditions. That means no ice, water, or other substance should be present that could cause a youngster to fall. Furthermore, access to areas that are not suited for children must be restricted and clearly marked.
  • Sport injuries: There must always be supervision from coaches or other staff members during sports and outdoor activities. In addition to that, equipment and facilities such as gyms must receive the correct maintenance to ensure that it is a safe place to exercise. 
  • School bus accidents: Buses must meet the minimum requirements of safety to be able to transport children. Schools must also hire qualified and responsible bus drivers. The manufacturer may be held liable if the bus malfunctions due to a factory flaw. 
  • Food poisoning: The kitchen must be hygienic and the staff must ensure that all food served is not expired. 
  • Bullying: Schools must guarantee parents that their children will be protected from any form of bullying. Supervision is crucial to prevent fights between students.

What Are the Different Types of New York School Injury Claims?

Accidents can be divided into four major categories.

  • School premises injuries: This includes all injuries that can be prevented by ensuring that the facilities are safe for students.
  •  Inadequate hiring: Before hiring someone, schools must thoroughly investigate their background. Some accidents occur as a result of persons supervising minors who are not qualified to do so.
  • Insufficient supervision: There must be enough adults supervising students at all times according to the situation. For example, the maximum number of children that a single adult can supervise during recess is 35, any number above that could be considered insufficient supervision. 
  • Lack of security: If a school is located in a risky location, various security measures must be implemented to prevent students being harmed.

Contact a NY School Injury Lawyer for Protection of Your Children

The safety of our kids is something that has to be taken seriously. If your child has been injured at school as a result of negligence, it is safe to assume you want to see justice served. At Greenberg & Stein P.C. We know how important your kids are, for that reason our experienced team of school accident lawyers will do everything in their hands to ensure that you receive fair compensation for the injuries or psychological damage that your kid might have experienced. We have helped countless families to fight for their rights when schools fail to take proper care of our children. Our legal team has handled all kinds of school injury claims and have also recovered millions of dollars for the victims. Contact us at 212-969-8770 to schedule a meeting with one of our attorneys to review your case and provide more information about your legal options. 

Blog > Child Injuries @es > Categories > Are NY Schools Liable for Student Injuries?

Are NY Schools Liable for Student Injuries?

Are NY Schools liable for student injuries
New York City Personal Injury Lawyer I Greenberg & Stein, P.C.

This is a typical concern among parents who are worried about their children’s safety. However, it is impossible to state that the school is responsible for all injuries that a student sustains while on school grounds. The school may be deemed totally or partially accountable for a child’s damage, depending on the origin of the accident. Keep in mind that the liability can be shared between multiple parties. For example, in a school bus accident involving a student, the school bus driver may be accountable to some amount while the other driver is responsible for the remainder. As you can see, determining if a public school is liable for the injuries that a student sustained is not so easy. If your child has been recently harmed in their school premises and you believe the school is responsible, you should contact a lawyer to get legal assistance.

Who is Legally Liable if My Child is Hurt at School?

When a child is hurt in a public school it is possible that the school is liable for the damages sustained by the student. Nonetheless, there are cases where the responsible party is a single individual, like a school officer or school employee. We can classify school injuries in 2 groups:

  • Injuries due to dangerous conditions: You are entrusting your child to the school system when you drop them off at school. This implies they must ensure that the conditions are safe enough for students to be properly cared for. Public schools must inspect all areas where students can possibly be. For example, playgrounds are one of those areas that must be built following all rules and regulations that apply for this area. It is widely known that playgrounds can be dangerous if the conditions are not appropriate and if there is no supervision. Gyms and other areas where sports are practiced have to be carefully inspected to ensure that there are no objects that could harm a student while doing exercise. To sum up, all areas have to be inspected to prevent accidents. If a school does not meet the minimum safety requirements and as a result of this negligence a kid is injured, it is possible to file a personal injury lawsuit against the school. 
  • Injuries caused by others: Not all injuries at school are caused by dangerous conditions, in many cases a kid might get hurt because of someone else’s actions. Bullying at school is something that is very common, but this does not mean it cannot be prevented. Schools must guarantee enough supervision to prevent two or more students from fighting each other and potentially hurting themselves. In situations like the previously mentioned the school can be held liable because they probably did not take the appropriate measures to supervise a specific number of students. Additionally, school authorities must exercise extra caution if they are aware of students who have a history of aggressiveness. On the other side, a person may be held legally responsible for the damages a student may experience. It is possible to file a personal injury lawyer against a school employee who sexually assaults a minor, for example. This does not, however, free the institution entirely of duty. When a school employs a teacher, coach, janitor, or any other member of the staff, they must make sure that they are qualified to interact with kids. If the screening process is not done appropriately, sexual offenders and other kinds of mentally insane people could end up working in a school. Therefore, it is possible to sue a school for this kind of negligence. 

Also check 5 common accidents that happen at school

Is There an Exemption from School Liability for Injuries?

There are a few instances in which the school cannot be held responsible for a student’s injuries. Schools, for example, are not liable for injuries sustained by students when participating in sports. Another instance in which the institution is not liable is when children are injured on school grounds outside of school hours. For instance, if a student accesses the school facilities while it is closed and is injured, the school will not be held accountable.

Do Public Schools Have Governmental Immunity?

Yes, school districts are known as political subdivisions and they are protected by a legal concept known as sovereign immunity. This means that, with a few exceptions, public schools and their personnel are immune from lawsuits in the vast majority of circumstances. However, if certain procedures are followed, this immunity can be waived. Nonetheless, the procedures involved can be tedious, and failure to follow them appropriately could result in the case being dismissed. If you are planning on filing a lawsuit against a public school, you should consider discussing this with an attorney to learn more about the process.

How Does the “Notice of Claim” Process Work in New York?

Before bringing a lawsuit, the “notice of claim” is a written document that must be presented to the proper state agency. The purpose of the notice of claim is to detail the incident, the victim’s injuries, and the amount of money sought by the plaintiff. This document must be completed and submitted within 90 days of the accident. You can file a lawsuit if you do not receive a response in less than 30 days or if no action is taken.

School Injury Lawyer

If you intend to file a lawsuit against a public school, there are a number of factors to consider. However, do not let this deter you from seeking justice. If you suspect a school or a school employee is to blame for your children’s injuries or you are unsure on how to continue with the lawsuit process, please contact us for professional assistance. At Greenberg & Stein P.C. Our attorneys have recovered millions of dollars for people who have been victims of all kinds of accidents. We are a prestigious law firm with years of experience and the members of our legal team have successfully handled many school injury cases in the past. Call us at 212 -969-8753 to schedule a free consultation with one of our attorneys to review your case. 

Blog > Child Injuries @es > Categories > How to Write a School Accident Report?

How to Write a School Accident Report?

accident report at school
New York City Personal Injury Lawyer I Greenberg & Stein, P.C.

Accident Report at School

When parents drop their children off at school, they essentially entrust their children’s safety to the school system. It is critical for both schools and parents to understand that doing all possible to safeguard the safety of children on school grounds is critical. However, we must realize that it is impossible to prevent accidents from occurring. Fortunately, the majority of school-related accidents are minor; but, there are situations where pupils receive significant injuries. Schools are required to write an accident school report regardless of the severity of the injury. Here is a list of the most important pieces of information that a school report must include. 

Get the facts

The child’s name and address:

This information must be included in every school report in order for authorities to identify the child involved. The address is required in order to locate the child’s parents if necessary.

The incident’s date and time:

It is critical to report the date and time of the accident in order to comprehend the circumstances. For example, if the accident happened during a break, authorities should look into whether or not there was a lack of supervision.

The type of injury:

Schools must disclose as much information on the injury as feasible. Keep in mind that even minor injuries must be meticulously documented.

Details about any therapy or first aid that was administered:

It is very likely that the injured child was transported to the nursery initially, where he was given medication or therapy. Authorities will know if the school followed the appropriate safety requirements if this is documented.

Witnesses, if any:

If there were witnesses at the time of the accident, it is critical to collect a documented description of what happened. If the incident becomes more serious and results in a lawsuit, having a documented statement from a witness could help clarify the case.

Person who attended to the injury’s name and signature:

This is necessary since it serves as verification that this person confirms that some of the report’s most significant facts are correct.

Name and signature of the person to whom the accident was reported:

In the same way as in the last situation, this individual certifies that the information on the report is correct.

Parent’s signature:

Last but not least, this signature is crucial to prove that the parents or tutors of the minor were informed about the accident. 

The Incident’s Timeline

A timeline of events must be included in every accident report. Everything significant previous to the occurrence must be thoroughly documented; this is critical for understanding the context of the event. This will also assist authorities in obtaining answers to the most often asked questions during an accident investigation. For example, what was the student doing before the accident? What was the student doing in that particular location? Were there any school teachers or other personnel on the premises at the time of the accident? Was the accident caused by a sport or another school-sponsored activity? Among other concerns.

The following section must describe exactly what happened at the time of the accident, including detailed information about who or what caused the injury, if it was done intentionally by another person, if it happened during a sport activity, if action was taken immediately, and the student’s condition immediately following the event. Each of these details are required to determine if the school was taking proper safety precautions, whether workers responded fast to the youngster, and the seriousness of the injury.

Finally, the timeline must include information about what happened in the hours following the accident. If the student was brought to the nursery or if the minor was sent directly to a hospital, this must be noted here. If the child received treatment or medicine from the school, and what medications were administered. And the student’s condition throughout the next few hours.

Examine the accident’s causes

Schools must thoroughly analyze the reasons for the accidents and take quick steps to prevent a recurrence of the scenario. For example, if the accident was caused by a lack of maintenance on the school grounds, the institution must remedy anything that poses a threat to the safety of the children and undertake frequent inspections to avoid such problems in the future. If the incident was triggered by another student, it is critical to investigate the situation, uncover any previous violent behavior by the students involved, and take necessary measures with the pupils. Another element that may contribute to an accident is a lack of supervision. Schools must assign a certain number of teachers to supervise a certain number of students. Schools must ensure that children are supervised by the appropriate number of teachers.

When Is it Appropriate to Submit a School Accident Report?

School accidents reports must be submitted as soon as possible. It is clear that some of the information required to put up a good, consistent report may require a significant amount of time to gather. However, submitting a report in the least amount of time is beneficial for all parties. 

What Else Should Be Included in The School Accident Report?

The school accident report should include anything that can provide more information about the accident, the reasons, and the damages. If the injury occurred on a field trip, for example, any paperwork or notice signed by the parents enabling the minor to assist in the event should be included. Photographs or videos that capture the moment of the accident should be included in the report as well. If the incident is related to a bullying case, include screenshots of social media activity or other types of proof in the report.

New York Law for School Accident Report

New York Law requires schools to fill and send a form called “Comprehensive Injury Report”. This form must be submitted to the superintendent’s office of the corresponding district in less than 24 hours after the accident. This document has 3 different sections and all of them must be completed. 

  • Fact Sheet: The purpose of this section is to obtain as much information about the case and the people involved as possible. 
  • Injury Description: Like the name says, this section must be filled with all the information regarding the injury. 
  • Witness Statement: This section has to be filled by all witnesses and they have to describe the nature, time and place of the accident. It is expected that all witnesses provide their statements based on their personal opinion and experience. 

If the injury that the student sustained was caused by a vehicle collision, the school must fill out the form MV-104F. This form should be used only when these 2 conditions are met:

  • The vehicle or school bus must be transporting at least one or more pupils, teachers, children of pupils or members of the supervisory personnel of the school. 
  • The vehicle must be property of the school or directly contracted by the school. 

This form must be submitted in less than 10 days after the accident if it caused death, personal injury or damages over $1000 to someone’s property.

School Injury Lawyer

When a student is hurt at school, it is understandable that the parents or tutors are upset and desire justice for their children’s injuries. However, demanding compensation from a school is not an easy task, especially if the accident happened in a public school. Nonetheless, this does not mean it is impossible, it just means that in order to succeed in your quest for justice, you will need professional help. An experienced school injury lawyer will greatly increase your chances to receive compensation for the damages that your child sustained. At Greenberg & Stein P.C. You will find some of the most experienced and successful lawyers in this area. Our attorneys have represented countless clients and have helped them receive fair compensation. Our lawyers will guide through each step of the claiming process and will help you in every way possible. Contact us at 212-969-2535 to schedule a free case consultation with one of our attorneys to discuss more about your case.

Blog > Accident Lawyer > Categories > How Many Fatal School Bus Accidents Are There Per Year?

How Many Fatal School Bus Accidents Are There Per Year?

School Bus Fatal Accident
Fatal School Bus Accident

Every year, 121 people are killed in school bus accidents, according to the National Highway Traffic Safety Administration (NHTSA). As per NHTSA statistics, there were 1,207 fatalities due to school bus accidents between 2009 and 2018. Even though this number may seem to be high, it is still very low in proportion to the overall number of fatal crashes because it only accounts for 0.3 percent of all traffic deaths.

School Bus Accident Victims

Interestingly, only 9 percent of the victims of school bus fatal crashes are occupants of the school bus. Pedestrians represent 20 percent of the fatalities caused by school transportation vehicles and 70 percent of the deaths in school-transportation-related crashes are occupants of other vehicles involved. It is also worth mentioning that 55 percent of the school bus occupant deaths were school bus passengers and the remaining 45 percent were school bus drivers. Most of the pedestrians, 68 percent to be precise, that died in school bus related accidents were struck by a school bus and the other 32 percent were hit by another vehicle involved in the crash. Out of all the victims caused by school-transportation-related-crashes 20.6 percent of them were 18 years old or younger, the NHTSA defines this age as “school age”. 

What Time Do Most School Bus Accidents Happen? 

As you can imagine, unlike other types of accidents, school bus crashes do not usually happen very late at night. Actually 41 percent of all fatal school bus accidents occur between 6:00 AM and 8:59 AM and 40 percent between 2:00 PM and 4:59 PM. As you might expect, these hours have the highest amount of fatalities because that is when school buses pick up and drop off students.

What Kind of School Bus Accidents Cause More Fatalities?

The overall number of fatal school bus accidents can be divided into two categories: single-vehicle crashes and multiple-vehicle crashes. Single-vehicle crashes account for around 40% of all crashes, whereas multiple-vehicle crashes account for 60%. Nonetheless, when we look at the initial point of impact on school transportation vehicle statistics, both categories share certain characteristics. When the initial point of impact is the front of the school bus, the majority of crashes and fatalities occur. Actually, 45 percent of all fatalities happened in accidents where the front of the school vehicle was impacted. Alternatively, we can also find some differences between single and multiple vehicle crashes. When it comes to multiple-vehicle accidents, according to the NHTSA there were 10 deaths when the initial point of impact was the right side of the school bus and 19 deaths when the initial point of impact was the left side of the school transportation vehicle. Whereas, in single-vehicle accidents, there were 7 deaths when the initial point of impact was the right side of the school bus but there was not a single death in accidents when the initial point of impact was the left side of the bus. 

Additionally, if we look at the number of school-age pedestrians that died due to a school bus accident, we will realize that 62 percent of them were killed by a school bus vehicle going straight, being this the most dangerous maneuver. The second most dangerous maneuver was starting on the road; this maneuver caused about 15 percent of the school-age pedestrians fatalities. Finally, turning left was the third maneuver that caused most deaths, accounting for 8 percent of these fatalities. 

Are School Buses Safe For Our Kids?

Yes, school bus accidents are not very common, especially if we take into account that school buses carry around 25 million children to school and back to their homes every day in the United States. School buses are the safest alternative for transporting children to school because more students are hurt in vehicles and many more when they walk to school. School buses are designed to absorb impact completely differently to other vehicles such as cars, trucks, SUVs, etc. Also the compartmentalization of the seats in a school bus absorbs the impact in a way that protects children more than in any other vehicle. Seatbelts are uncommon in school buses but recently the National Safety Council has started to promote the installation and use of them to make these vehicles safer. 

Can We Prevent School Bus Accidents From Happening?

It is impossible to completely prevent school bus accidents from happening. However, it is possible to apply some of these school bus safety tips to minimize the likelihood of a school bus accident.  

  • Do not stand up while the bus is in movement: It is critical to teach kids that while the bus is moving, they must remain seated and only stand up when the bus has totally stopped.
  • Minimize play: It may be extremely difficult to prevent kids from playing on the school bus. Nonetheless, it is important to minimize play as much as possible and to prohibit any game that can compromise their safety. 
  • Approach the bus only when it has totally stopped: When the bus arrives at the bus stop, we need to teach kids that they can only approach the bus once it has come to a complete stop. 

School Bus Accident Lawyer in New York

It is true that school bus accidents do not happen very often, unfortunately when they do, it can be a very tragic experience. If you or your children have been injured due to a school bus accident and you believe you deserve compensation, do not hesitate in contacting a personal injury lawyer. At Greenberg & Stein P.C. We know how hard it is to deal with medical bills and at the same time trying to get compensation for an accident. That is why our lawyers will help in every way possible to ensure that you receive the compensation you deserve. Our legal team has years of experience representing clients in all kinds of cases related to crashes, and we have recovered millions of dollars for them. To schedule a free case consultation with one of our attorneys, call 212-969-8784 and we will gladly assist you.

Blog > Accident Lawyer > Categories > What Happens if a School Bus Gets in an Accident?

What Happens if a School Bus Gets in an Accident?

School bus accident
School Bus Accident

School bus accidents are not very common, however they sometimes occur. When these kinds of accidents happen the first and most important thing to do is get medical attention for anyone that got hurt. Once the kids or passengers that got hurt have received medical attention, the accident has to be reported to the authorities and the school district. Most of the time the authorities will have to investigate the causes of the collision to determine liability.In some situations, the bus driver may be found responsible for the accident, while in others, the drivers of the other vehicles may be held responsible, and it is also possible that a third party, such as the vehicle’s manufacturer, may be found guilty. Additionally, in school bus accidents, the school authorities and the parents of the kids in the bus have to be notified as soon as possible. 

If you or your child have been injured in a school bus accident, it is crucial to seek legal advice from a personal injury attorney. Depending on who is liable for the accident, getting compensation for injuries or the injuries suffered by your child can be a difficult task. 

What to Do After a School Bus Accident

  1. As mentioned previously, the first and most important thing to do after a school bus accident is to ensure that all passengers are unharmed. If anyone got injured due to the accident, it is imperative to call an ambulance as soon as possible.
  1. The second step is to notify the authorities about the accident. The bus driver must report the incident to the authorities and provide all data about the accident, including the location, number of children on board, severity of the accident, and injuries sustained by the passengers.
  1. Since we are talking about a school bus and not a private vehicle. The bus driver has to report the accident to the different school authorities. The school district, the principal of the school and the superintendent have to be notified and provided with all the details of the incident. 
  1. Gather evidence. Like in any other accident, gathering as much evidence as possible should be one the bus driver’s priorities. The bus driver needs to take photos of the accident scene, the damage to the vehicles involved, the location of the vehicles and anything else that could help understand the cause of the accident. 
  1. Exchange information with the other drivers. All drivers must remain at the accident scene and exchange information. Each driver has to provide their driver license number, the insurance policy number, and insurance company name. Once this information has been provided it is important to keep calm and not make any statements to anyone. 
  1. Talk to witnesses. If the accident occurred in a very crowded area it is very likely that there were people who witnessed the accident. The bus driver can talk to them and ask for their names and phone number in case they may need a statement from them in the future. 

Leading Causes of School Bus Accidents?

School bus accidents can arise for a number of causes, including the bus driver’s or other drivers’ negligence. In certain cases, the accident is the result of a poorly maintained bus or car. Here is a list of some of the most common causes of school bus accidents. 

  • Speeding: This is the cause of thousands of accidents every year in the United States. Driving at high speeds can be very dangerous, the driver will have less time to react if anything happens and the injuries can be more severe. 
  • Driving under the influence: Drivers that have consumed alcohol or other drugs can be extremely dangerous on the road. Driving under the influence slows reaction time, reduces coordination and causes lack of concentration. All these factors can easily lead to a very serious car accident. 
  • Distractions in the bus: Driving a bus requires a lot of concentration. However, in school buses most of the time the kids will be playing, making noise and creating other distractions. In some cases the bus drivers may fail to focus solely on the road and get distracted by the kids.
  • Poorly maintained vehicles: School buses, like any other vehicle, must be serviced on a regular basis. If the bus’s brakes or any other part that is critical to the bus’s proper operation suddenly fail, it can easily lead to an accident with serious injuries.

Who is Liable in a School Bus Accident?

Determining culpability in a school bus accident is equally as difficult as determining blame in any other type of accident. To identify who is to blame for the collision, officials will need to investigate the cause of the collision. If there are cameras at the accident scene, the police will review the recordings to see if there is any footage that can help explain what happened. 

Bus driver

When the bus driver was negligent and their actions caused the accident it is possible that they can be held responsible for the crash. If this is the case, it is possible to file a personal injury lawsuit against this person. 

School district

Because the school system owns and operates the majority of buses, even if the bus driver was negligent, the school district can be held liable for the accident. For example, if the bus driver who caused the accident did not have the necessary qualifications to operate a school bus, the school district is liable for failing to hire someone with sufficient expertise. Keep in mind that suing a government organization might be quite difficult. These institutions benefit from sovereign immunity, which shields them from civil litigation. This immunity can be waived but it will depend on the situation. To learn more about this, contact an experienced school bus accident attorney. 

Other drivers

In most cases the other drivers are responsible for school bus accidents. If the authorities determined that they were negligent, it would be a fairly easy legal case. In most cases their insurance company will compensate the victims of the accident before even having to file a personal injury lawsuit. 


If the bus accident was caused due to the malfunction of the bus, an investigation has to be conducted to determine if the manufacturer failed to identify if a part was defective. These investigations can take a long time and these are usually complex cases.

What Should I Do if My Child is Injured in a School Bus Accident?

If your child was injured in a school bus accident, you need to seek medical attention immediately. Once your kid has received medical care, you will need to keep documentation of the incident. Try to get photos of the accident, copies of the police report, medical bills and anything that can be useful if you need to file a lawsuit. Contacting a lawyer is always a good idea, especially if you plan on filing a lawsuit against the school district. 

School Bus Accident Attorney

If you or one of your children sustained injuries due to a school bus accident, do not hesitate in contacting us. Greenberg & Stein P.C. is a prestigious law firm in New York with some of the best lawyers in the state. Our attorneys have handled numerous cases and have recovered millions of dollars for our clients. Call 212-969-8776 to schedule a free case consultation with one of our lawyers to learn more about your legal options. 

Blog > Child Injuries @es > Categories > Can You Sue if Your Child is Hurt Because of a Playground Accident Injury?

Can You Sue if Your Child is Hurt Because of a Playground Accident Injury?

As the playground saying goes, “kids will be kids”. Children, especially in parks and playgrounds, are bound to get into their fair share of mischief. Sometimes, that involves a few bumps and scrapes that serve as life lessons. However, when a child is seriously injured in a park or on a playground, is there any way to cover medical expenses and other damages?

Parents do have options when considering legal action against the manufacturer of park or playground equipment in New York City. An equipment failure lawsuit can assist you in covering expensive medical bills and other costs related to an injury.

Is legal action the appropriate measure for you? Read the full article to assess your case and consider speaking with a personal injury lawyer. At Greenberg & Stein, we offer a free initial consultation to review the details of your case.

Children & Playgrounds – The Threat of Personal Injury

Did you know that every year, more than 200,000 children under the age of 14 are treated in emergency rooms related to playground injuries?

What may look like a ton of fun for children can be a fairly dangerous place to play.

Children between the ages of 5-12 traditionally suffer the most playground injuries. Sadly, more than 20,000 of those 200,000 accidents each year involve serious traumatic brain injuries. Traumatic brain injuries and other serious injuries can quickly rack up expensive medical bills and result in missed income from taking off to care for a son or daughter.

Popular Causes of Playground Accidents

Playgrounds are terrific places to let your children let loose and have some fun. Unfortunately, playgrounds also have a reputation for being dangerous places to play.

The most common causes of playground accidents include:

●     Lack of Supervision: Many playground accidents occur at schools or daycare centers where the proper amount of supervision was not available.

●     Trips and Falls: It is natural that in such an active play environment, some children will trip and fall. Faulty equipment is inexcusable when it leads to serious accidents.

●     Poor Maintenance: Municipalities and private companies have a responsibility to take care of their playground equipment. When it gets broken, they need to fix it immediately. Playground equipment can rot, rust, and splinter over time. Guardrails can become loose or break.

●     Faulty Equipment: Injuries to children due to faulty playground equipment are inexcusable. Poor design, manufacturing flaws, or lack of maintenance all lead to faulty equipment that pose safety hazards.

●     Unsafe Playground Surface: Playgrounds need to have a soft landing surface. If the material is not present or distributed unevenly, it can also cause a safety hazard.

●     Strangulation: Some playground equipment like swings and slides have potential hazards that can cause strangulation. Faulty equipment poses even more dangers.

Common Types of Playground Accidents

Common types of playground accidents include:

●     Scrapes and bruises

●     Broken bones

●     Dislocated bones

●     Concussions and other head injuries

●     Internal injuries

Proving Liability in a Playground Accident

Every injury on a playground is not considered deliberate or the result of faulty playground parts or poor maintenance. Many types of playground accidents are purely accidental. The difference between the two is determined by asking: “What if the playground injury could have been avoided? Did someone or something act negligently when personal injuries occurred? If so, you are entitled to fair compensation to treat medical costs and other damages associated with your son or daughter’s injuries.

Who is generally responsible for playground accidents? One or more of the following parties could be at-fault:

●     The property owner or manager.

●     The playground equipment manufacturer.

●     The individual(s) supervising your child at the time of the accident.

Responsible parties in the event of a playground accident are determined based on their “duty of care”. The court of law has determined that parties owe a child a duty of care because they have a legal obligation to protect the minor from undue harm. 

Negligence & Liability in Playground Accidents

In an equipment failure lawsuit, like all personal injury claims, it comes down to negligence and liability:

●     Negligence: Property owners, playground manufacturers, teachers, daycare providers, parents, etc. have a duty of reasonable care. When an individual fails to act with reasonable care, and their failure to act with reasonable care is a cause of an injury, they are considered negligent in the circumstances leading up to an accident.

●     Liability: Once a party is proven to be negligent in the handling of events that led up to an accident, fault of that party is proven. Liability basically means responsibility. The Court or the Jury finding a party negligent and that negligence was a cause of the injury causing incident, makes  that party liable for personal injury damages.

●     Damages: Damages in a personal injury claim include costs like medical bills, ER visits, missed time at work, as well as pain, suffering and loss of enjoyment of life. Children who receive permanent injuries as a result of a playground accident may in some cases also seek damages for the loss of future earnings due to incapacitation.

Get Legal Help for Your Child’s Injuries

Accidents happen. Sometimes there is no one to blame even if your son or daughter is hurting. However, if you believe one or more parties responsible for the area of the playground or it’s equipment was negligent, they can be liable or responsible for covering damages associated with the personal injuries sustained.

The burden is on you to prove liability and damages. However, you do not have to do it alone. The first step is to reach out to a qualified, experienced personal injury attorney and have a free consultation to go over the details of your personal injury claim.

Greenberg & Stein is a reputable firm that deals with all types of personal injury claims, including playground accidents. If your child was injured, do not hesitate to reach out to us today at (212) 969-8795 or visit to learn more. 

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Is the School Liable if My Child is Hurt While There?

When you send your child off to school in New York City, you assume that they will return home safe. However, it’s estimated that throughout the United States, approximately four million children suffer a school accident each year.

While your child’s school can’t ensure that nothing will happen to your child, the fact is that many of these school accidents could have been prevented. Your child’s injuries may have occurred due to negligence on the part of the teacher, school administration or maintenance staff..

If your child was injured while at a New York City school, you should contact a Manhattan injury attorney to ensure your family receives all the compensation they deserve for their school injuries, because the school or administrators may be held liable in certain cases.

The Question of Liability In New York City Schools

New York City schools have a duty to maintain a safe environment for your child. This means that they are obligated to make sure that the school building is well-maintained and that the playground, exterior areas, and other facilities are kept up and are safe for your child to use.

Your child could suffer an injury due to a slip and fall caused by a leaky roof that caused the floors to become wet and slippery, or maybe a child injury occurred on the playground due to inadequately maintained or broken playground equipment. The school may be held liable for those types of injuries as well.

Additionally, if your child is injured at a New York City school due to bullying, roughhousing, or a fight, the school may be held liable if the school staff failed to intervene. This is because New York City schools have a duty to not only hire adequate staff, but to ensure that the staff is properly trained and will properly supervise all students.

New York City school districts are also tasked with the responsibility to make sure any staff hired is properly screened before being allowed to interact with your child in any way.

What to Do If Your Child Is Injured While Attending a New York City School

The first priority, of course, is to ensure that your child has been properly treated for any injuries, and then your next step should be to immediately contact a Manhattan injury attorney. Most lawsuits are brought against the school system your child attends in New York City.

Following the accident, be sure to have your child write down everything that happened leading up to the accident or tell you what happened so you can write it down. This includes what the child was doing, who was present, what happened, and what the response was from school officials following the injuries.

There is a strict time limit in place in which you have to file a claim for any child injury that occurred in a New York City public school. You must file a claim with the government administrative agency within ninety days of your child’s injuries. Failure to do so, could mean your claim will be summarily dismissed. Whether your child attends a public or a private school in New York City, you should seek out the services of a knowledgeable and experienced Manhattan attorney as soon as possible to make sure your family receives all the compensation they deserve to handle the fallout from the injuries suffered by your son or daughter.

School injuries can occur in many different ways and for a variety of different reasons, but the most important thing is to speak to a school injury lawyer in New York City as soon as possible. Our team of experienced lawyers at Greenberg & Stein can help you if your child has been injured in a New York City school for any of the reasons mentioned above.

While every school injury case is unique, you can be assured that our team will explore every legal option available in order to ensure that your family receives a fair and just compensation if your child has been injured at school.

We offer a free consultation and a 24-hour phone line, so don’t hesitate to call us following your child’s injury or accident at school. Call us today at 888-411-3966 to schedule your free legal consultation.