Blog > Child Injuries @es > Tags > 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 > Accident Lawyer > Tags > How to Prevent Slip & Fall Accidents at School?

How to Prevent Slip & Fall Accidents at School?

Slip and fall at school
New York City Personal Injury Lawyer I Greenberg & Stein, P.C.

Slip and fall accidents cause more than 1 million people to go to the emergency room every year. They can happen everywhere and can result in very dangerous injuries. This kind of accident is one of the most common to happen at schools. They can result in significant financial losses for institutions, as a slip and fall accident can cost up to $30,000. Injuries at school are unavoidable, but there are some measures that school administrators can take to prevent these kinds of accidents from happening frequently. Additionally, school districts must ensure that all of the institutions under their jurisdiction minimize the risk of kids and school employees being exposed to dangerous conditions.

Have appropriate entryways carpets

Installing carpets and water-absorbing mats in all entrances to all buildings is especially important during winter and rainy seasons. When people come in from the outside, their shoes are generally wet or muddy. Without carpets or mats, school hallways might become an extremely unsafe environment, potentially resulting in a slip and fall incident.

Schedule Often Outdoor Maintenance

School administrators should also schedule maintenance to keep all school grounds safe for students and staff members. Obstacles that could cause someone to trip should be removed from outdoor locations. To guarantee adequate illumination in all outside locations, defective light bulbs must be replaced as soon as possible. During the winter, snow accumulations of more than 1 or 2 inches must be removed from walkways and other pedestrian places.

Examine the outdoor school’s property

Accidents at school can occur everywhere, including within buildings, gyms, and outside locations. As a result, it is critical to conduct regular inspections of all school property in order to identify and correct any conditions that could lead to an accident. A minor slope or a fissure in the pavement or walkway, for example, can cause people to trip and injure themselves. Irregularities on the floor must be signalized and repaired.

Regular Property Safety Inspections

Another important factor to reduce the likelihood of slip and fall accidents is to regularly inspect different areas in school that should be in good condition at all times. Handrails must not be broken or loose in schools; they are essential for assisting someone in stabilizing themselves when utilizing the stairs. Furthermore, inspections are needed to detect potentially unsafe habits among students and educators. Using extension cables and leaving them in the middle of the hallway, for example, can easily result in a fall.

Implement Policies on Storage and Hanging

It’s not uncommon to go into a classroom and see bags and lunch boxes scattered everywhere, particularly in classrooms with younger students. Teachers must teach children how to properly store their belongings. Hangers and dedicated storage facilities must also be provided by schools so that students may make proper use of them. If a teacher trips over a backpack while walking and is harmed, liability may fall on the school for failing to provide the proper storage equipment.

Weather-safe shoes Policy

Schools must encourage students and personnel to take reasonable care of themselves, even if that includes refraining from wearing fancy shoes during rainy or snowy weather. Even if schools take all possible measures, it is impossible to stop nature. Proper footwear can significantly reduce the chances of slipping and falling on wet or slippery surfaces provoked by climate conditions. 

What Are the Leading Causes of School Slips and Falls?

  • One of the most common causes of slip and fall accidents is snow and ice on outdoor surfaces. When the snow is melting or entirely frozen, it is quite easy to slip.
  • It is also fairly frequent for people to fall down the stairs. When students or teachers use the stairs without holding on to the handrails or when carrying heavy objects, this can happen.
  • Another factor that contributes to accidents is the improper or non-use of ladders. When we need to reach something that is out of reach, we usually utilize a chair or a table and climb on top of it. This, however, is a risky practice. Using a ladder incorrectly might be even more dangerous. Ensure that the ladder is stable and capable of supporting your weight.
  • Irregularities on walking surfaces, as well as dampness, are both hazardous factors that can quickly lead to a fall and injury. Entrances, sidewalks, and walkways are common places where these conditions are found.

Keep in mind that there are other type of accidents that can happen at school that are also very common.

What Can School Staff Do to Prevent Students From Getting Hurt in a Slip & Fall Accident?

School administrators must ensure that their maintenance staff inspects the school grounds attentively and responds swiftly if an unsafe condition arises. Furthermore, schools must urge students to follow all safety instructions, such as staying away from wet places that have not yet been cleaned and storing their possessions in designated areas. 

School Injury Lawyer

If you or one of your kids were injured after a slip and fall accident due to the negligence of a school, you will probably need help to receive fair compensation. Filing a lawsuit against a public school is no easy task. There are many procedures that have to be followed and they could be tedious for one to handle. If the accident occurred in a private school the process will not be much easier and you will probably need legal assistance as well. At Greenberg & Stein P.C. you will find the best attorneys to handle your school injury case. Our lawyers have years of experience and have recovered millions of dollars for our clients. Contact us at 212-969-8775 to schedule a free case analysis with one of our lawyers.

Blog > Child Injuries @es > Tags > 5 Common Accidents that Happen at School

5 Common Accidents that Happen at School

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

The number of injuries suffered by children while they’re in school is on the rise. Many times, these injuries are normal accidents that couldn’t be avoided, but there are also injuries that occur due to fault or negligence of the teachers, the school administration, or the janitorial staff and it’s up to the school district and the administrators to reduce the risk of child injury whenever and wherever possible in New York City schools.

The 5 most common types of accidents that cause child injuries are listed below.

Slips, Falls, and Trips

According to recent statistics, 55% of all major accidents in schools are caused by slips, falls, and trips. The most common place for these types of accidents to take place are in the corridors, playgrounds, and stairs of the school. Additionally, a child injury can occur in the classroom due to backpacks being left in an aisle way, cables to TV’s and computers not being properly secured, among other circumstances.

While some slips, falls, and trips may be hard to avoid, many of these school accidents could be prevented in New York City schools by simple proactive or preventative efforts.

If your child has suffered injuries due to a slip, fall, or trip in their New York City school, you should contact a NYC injury attorney on your child’s behalf to assist you with your claim.

Sports Injuries

Just by their very nature, playing sports often leads to many child injuries at school. This risk is increased, however, in New York City schools due to the high number of students, the level of supervision required, and the often-deteriorating quality of the provided equipment.

The risk of child injury due to a sports related school accident could be reduced if they New York City school districts provided up-to-date or quality equipment, properly trained staff, and a high level of supervision during school sporting events.

Playground Injuries

Many school accidents leading to child injuries are on the playground during recess. The majority of these accidents are caused by lack of proper adult supervision, poorly maintained playground and playground equipment, and/or faulty or broken playground equipment.

School Bus Accidents

In New York City, many children are injured in school bus accidents due to driver error, poorly trained bus drivers, improperly maintained and/or faulty school buses, or because the driver of another vehicle was negligent and crashed into your child’s NYC school bus causing them to be injured.

What to Do If Your Child Was Injured in A New York City School

The courts in the state of New York have placed an obligation, or duty of care, on school administrators and teachers. This duty of care means that your child’s school must do everything that is reasonable to prevent an accident that causes injury, harm, or death to the children under their supervision.

New York City school authorities must repair and/or eliminate any dangerous conditions or equipment in a timely manner and make sure that all students receive proper supervision while on school grounds, on school buses, and while they are at school for extracurricular activities like sports.

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 New York City school injury lawyer as soon as possible following the accident since you can claim for an accident at school in New York. Our team of experienced lawyers at Greenberg & Stein can help you if your child has been injured in a New York City school, regardless of whether it is public or private.

While every school injury case is unique, you can be assured that our team will explore all legal options 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.