New York School Injuries FAQ

Can I sue a private school for my child’s injuries?

New York liability law allows you to seek compensation from virtually any liable party, including private schools. The key is being able to prove that the private school didn’t take reasonable steps to prevent your child’s injury.

Can I sue a public school for my child’s injuries?

Public schools can be defendants in injury claims and trials, depending on the situation. Filing a claim against a public school could have a very brief statute of limitations or other claim deadline, so don’t wait to talk to a New York school injury lawyer. 

What proof do I need when taking legal action against a school?

Ideally, your school injury claim will be established on tangible proof of negligence or wrongdoing on the school’s behalf. For example, school records that show lax safety standards, photographs or videos of the accident, and even testimonies from fellow students can all be helpful when building the claim.

When is a school not liable for my child’s injury?

A school could avoid liability for a child’s injury if the injury was unpreventable or caused by no negligence of the school. For example, if a child is dared by their friend to jump down a flight of stairs and suffers an injury, then the school would likely have no liability in that situation unless a strong claim can be made that the incident was the result of negligent supervision. Even with plenty of staff around, the school could make the argument that there was no time to stop the student from participating in the dare which the student themselves should have realized would likely cause an injury.

Are there limits to how much compensation I can receive in a school injury claim?

There are typically no strict limits to how much compensation a school injury plaintiff can receive through a successful claim. New York does not impose a limit on the damages for pain and suffering, either.

What if someone other than the school caused my child’s injury?

A school can still be liable for damages if a student suffers an injury caused by a third party, like another student. What’s important is whether or not the school could have intervened to protect the injured student, or reasonably should have known that an injury or bullying incident could occur but did nothing to stop it.

What if my child was in a school bus accident?

You can file an injury claim against the school district if your child was injured in an accident caused by a school bus. Like any other auto accident case, you should prepare tangible evidence that the school bus operator’s negligence caused the crash. If that isn’t the case, then you might have to file a claim against another involved party like a motorist who crashed into the school bus.

Who pays for medical treatment if a kid is hurt while at school?

If a child needs medical treatment after a school injury, your health insurance is responsible to pay the claim. If you have no insurance, you may be able to forward the bill to the school administration depending upon the circumstances.

What if I signed an injury waiver?

Some schools make parents sign waivers that explain that the school can’t be held liable for any injuries suffered by their children while attending class there. Although such waivers can be legally strong, they are rarely completely unmovable. You should at least speak with our New York school injury attorneys and let us review this waiver. It might be possible that you can still file a claim due to gaps in the waiver, or if the waiver is unreasonably restrictive.

What if my child is hurt before or after school hours?

When a child is injured before or after school hours, the school could still be liable if its staff still reasonably had an obligation to watch over and protect that child from harm.