Langsam Law LLP

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When a School Is Negligent

Posted September 29, 2015
Child with broken arm in classroom.

Now that summer is over and children are going back to school, parents should be aware of these common, yet potentially dangerous, situations.

Schools have a legal responsibility to provide a safe place for their students, not only with regard to their premises but also with regard to the supervision of the children that we entrust to them. Unfortunately, schools do not always meet their legal obligations and may be found negligent, resulting in psychological and/or physical injuries to their students.

Here are some examples of successful school negligence cases brought by Langsam Law:

  • Two recent cases involved children who were released at dismissal time to an unauthorized person. Unfortunately, in both cases, the children were sexually abused by the unauthorized adult who picked them up from school. In one of the cases, the Department of Education admitted that the offending adult was never authorized to pick up the child.
  • Another child was hurt because there was inadequate adult supervision on the playground during recess. Consequently, the activities became overly rambunctious and a soccer ball hit the child in the face, resulting in injuries to the young girl’s face.
  • Another case involved a five-year-old child in a public school who was attacked in the bathroom after he was released to go there with two older students, in contravention of school policy requiring an adult escort.

 

90-Day Deadline

Before an individual can bring a lawsuit against a public school in New York City and most municipalities, a notice of claim must be filed within 90 days of the incident, as a condition precedent to filing suit. Although this requirement may be excused under certain limited circumstances, it is best to act quickly if you feel your child has been the victim of negligence. If you are a parent or guardian who believes that your child’s school failed to protect or adequately supervise your child, please call today! Negligence cases are handled on a contingency fee basis, so you will not be billed for legal services unless you win.

 

What will you do if your child is injured or harmed due to their school’s inadequate supervision?

Note: Prior results do not guarantee similar results.

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