As a parent, you assume and expect that your child will be safe at school. Tragically, this is not always the case. Millions of students are injured each year in school. Sometimes the school staff is responsible for those injuries. If you are concerned about injuries at school and holding the appropriate parties accountable, it is crucial to discuss your situation with an experienced Syracuse personal injury attorney. At DeFrancisco & Falgiatano Personal Injury Attorneys, we strive for the best outcome with every case. We understand how important your child and your family are, and how much harm can be inflicted because of a school’s carelessness. We have more than 30 years of experience in the courtroom fighting for compensation for victims.
Responsibility of SchoolsYour child’s school owes your child a duty to use reasonable care to prevent foreseeable risks of injuries. This includes providing adequate supervision and taking appropriate measures when a child is engaged in school or an activity sponsored by the school, such as sports. Our Syracuse personal injury attorneys may be able to hold a school that acts negligently responsible for a family’s damages. These damages could include compensation for medical bills, pain and suffering, mental anguish, disfigurement, and loss of future wages.
Liability for School InjuriesMany different types of accidents at school may result in injuries. These can involve slip and fall accidents, sports injuries, school bus accidents, bullying accidents, violence, school cross injuries, food poisoning, or faulty playground equipment.
The specific circumstances will determine whether the school or another third party can be held responsible. Sometimes, for instance, a school bus driver makes a mistake that results in injuries to many children. There may be several parties to blame include the bus driver, another driver, or the school itself. For example, if the school hired a school bus driver who had a history of drunk driving accidents, there may be grounds to sue for negligent hiring. When a child suffers a slip and fall on the playground as the result of a dangerous property condition, there may be grounds for a premises liability claim. If a child is struck because a crossing guard is busy looking at his phone instead of trying to make sure kids get safely across the street, there could be a claim against the school.
Children are supposed to be adequately supervised during school hours. If there is nobody supervising children out on the field during a school sporting event, there may be a basis for a negligent supervision claim. In other cases, the conduct against a child that causes harm is intentional. If a private school teacher with a prior history of sexual misconduct commits sexual assault against a child, both the school and the teacher may be sued for damages.
Procedural HurdlesSpecial procedural rules will need to be followed to hold a public school accountable. For example, we will need to serve a Notice of Claim within 90 days of the accident. It is critical to retain an experienced lawyer that understands the importance of following legal requirements like this one so that your claim can be fully and fairly heard.
Wrongful Death at SchoolIt may be appropriate for parents to sue for damages when their child dies wrongfully at school due to the fault of another person. As with personal injury lawsuits, wrongful death lawsuits can be complex, and you should seek legal counsel as soon as possible after an accident. When the appropriate notice is not provided to a public school, you may not be able to recover damages even if what happened to your child was heinous.
Discuss Your Case With a Seasoned Syracuse Personal Injury LawyerIt can be terrifying to have your child injured in school. When the school or another party is responsible, you should hold them accountable for the losses your child and your family have suffered. The seasoned Syracuse personal injury lawyers of DeFrancisco & Falgiatano Personal Injury Attorneys have represented injured children and their families in Buffalo, Albany, Lowville, Rochester, Auburn, Watertown, Herkimer, Oswego, Wampsville, Canandaigua, Lyons, Ithaca, Cooperstown, Oneida, Utica, Binghamton, Elmira, and all of Upstate New York for more than 30 years. For a free consultation, complete our online form or call us at 833-200-2000.