When a parent sends their child to attend school they expect their child to be safe. More importantly, they are entitled to know that their child is safe while at school. Administrators, teachers and all school personnel must do everything reasonably possible to avoid any accidents or injuries.What applies to schools will also apply to camps and day care facilities.
NY State law requires that schools must do everything reasonably possible to protect their students from accidents and injuries.Schools must provide a safe environment for their students. While on school grounds students must receive proper supervision. Dangerous conditions must be identified and removed, and while off school grounds either while traveling to or from school on school-provided buses, or during school-sponsored, extracurricular activities proper supervision must always be provided.
The legal doctrine that applies to school administrators and teachers when they have control of students is called “in loco parentis". This means that if a child is under the control of the school, whether at school or on a school-sponsored extracurricular activity, the school and its teachers have the responsibility and duties of the student’s parents to safeguard the child from any harm. This means that the school may become legally responsible, or “liable" for any accidents and injuries suffered by a student while under the school’s supervision and control.
We Have Experience With Accidents Involving Young People Injured
At New York law firm of Jaroslawicz & Jaros we have prosecuted and handled many cases involving students who were injured while attending school:
- Pedestrian Accident: A young boy who was dropped off by a school bus on his way home from school and told to cross the street without being properly supervised and was then struck by a car.
- Bus Accident: A young man with special needs who was injured when the school bus stopped short and his seat belt opened as it was not properly secured.
- Assault: A young lady attending college who was assaulted in her dorm room by her “Resident Advisor".
- Assault: A young boy who was assaulted by a bully while at gym class.
- Sex Abuse: A young girl with special needs who was sexually assaulted in a stairway of her school.
- Defective Product: A young boy who was injured by a defective bathroom door latch.
- Sports Accident: A young boy who was injured while playing soccer on a field that was not level.
- Slip & Fall Accident: A young girl who was injured at camp when she slipped and fell due to a muddy condition.
- Bicycle Accident: A young girl who was injured at camp when a bicycle fell on her.
These cases fall into a number of different categories, such as: roughhousing or inappropriate play,lack of or negligent supervision in the school, classroom or cafeteria;at the gym, playground or while playing sports; lack of proper security; sexual abuse by another student, teacher or school employee;school bus accident; a slip and fall accident or any dangerous condition with many other possible fact patterns.
We Hold The Right Parties Accountable
The people who work at schools caring for your children must exercise a reasonable standard of care to prevent harm to those who have been placed into their care. Schools that are negligent or abusive with the children they are caring for are held accountable. So if your child was injured due to the negligence of the school then you should consult with an attorney right away who has experience handling these types of cases.
If your child was injured while attending school, while off school grounds, either while traveling to or from school on school-provided buses, or during school-sponsored, extracurricular activities, then you should call the experienced attorneys at Jaroslawicz & Jaros for a free consultation.
In many cases involving claims being made as against a school a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. In the City of New York a Notice of Claim must be filed within ninety (90) days of the incident before a lawsuit may be filed. So you must call an attorney as soon as possible to ensure that you do not waive your rights to compensation.
If you are considering a possible claim for injuries please feel free to contact Abraham Jaros at his office 212.227.2780, on his cell 212.227.2780, email at ajaros@lawjaros.com., or toll free 800.269.2780, or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if we are successful.
