You send your kids off to school trusting that the teachers and administrators will keep them safe. Teachers work under certain guidelines pertaining to things like child supervision. We all know that kids require constant supervision. When kids are left alone at places like playgrounds, accidents happen that can result in serious injuries. If a teacher or school administrator has left kids alone on the school playground, they have failed to uphold the reasonable standard of care for his or her profession. This means they were negligent and, if their negligence resulted in injuries to your child, you have a right to bring a claim for compensation on behalf of your child. Attorney Michael LoGiudice is here to help you and your family. He will take on the complex personal injury system to help ensure you are properly compensated for your child’s injuries.
Can I Bring a Personal Injury Lawsuit Against a New York Public School for Negligent Supervision?
Yes, if your child was injured at school due to negligent supervision, you can file a claim against the school. However, you need to be aware of the fact that claims against government bodies have unique requirements that must be fulfilled. For example, you must file a Notice of Claim within 90 days of the accident that resulted in your child being injured. This is non-negotiable and there are very few exceptions. Failure to timely file a Notice of Claim will result in your claim being barred as a matter of law.
After the Notice of Claim is filed, the district has, at a minimum, 30 days to investigate your claim. You will then be allowed to file your lawsuit against the school district in charge of your child’s public school. Your lawsuit must be filed within the statute of limitations. This means that you must file your lawsuit within one year and 90 days of the accident at issue.
In playground accidents, negligent supervision is an all too common cause. It is important, however, to be mindful of other potential causes for the playground accident that led to your child’s injuries. The school may also have been responsible for failing to maintain the playground leading to dangerous conditions. Additionally, companies involved in the production of the playground itself may be at least partially responsible for the accident. Defects in the manufacturing or design of playground equipment can also lead to playground accidents.
While, yes, it is possible to bring a claim against a government entity such as a school district, it is important to remember that there can be multiple responsible parties at play. If anyone’s negligence contributed to causing the accident leading to your child sustaining injuries, they need to be held responsible for compensating you and your child for your losses.
Fighting for Children and Families.
Attorney Michael LoGiudice is here to protect the legal interests of you and your family. If your child has been injured at school, contact Michael LoGiudice, LLP today.