When a parent sends their child to school they want to know their child is safe. More importantly, they are entitled to know that their child is safe while attending school and school administrators and teachers must do everything reasonably possible to avoid any accidents or injuries. What applies to schools will also apply to camps and day care facilities.
The law requires that schools must do everything reasonably possible to protect their students from accidents and injuries. Schools must provide a safe environment for students. While on school grounds students must receive proper supervision and any 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 also 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 control of the school, whether at school or on a school-sponsored, extracurricular activity, the school and teachers have the responsibility and duties of the student’s parents to safeguard the child from any harm. This means that the school becomes legally responsible, or “liable” for accidents and injuries suffered by a student while under their supervision and control.
At Jaroslawicz & Jaros we have prosecuted many cases involving students injured while attending school:
A young boy who was dropped off by a school bus and told to cross the street without being supervised and was then struck by a car.
A young man with special needs who was injured when the school bus stopped short and the seat belt opened as it was not properly secured.
A young lady attending college who was assaulted in her dorm room by the “Resident Advisor”.
A teenage boy who was told to walk unsupervised from his school a ½ mile down a country road to use an athletic field who was then struck by a car.
A young boy who was assaulted by a bully while at gym class.
A young girl with special needs who was assaulted in a stairway.
A young boy who was injured while playing an improperly dangerous game while at a gym class.
A teenage boy who was assaulted by other students while in the school cafeteria.
A young boy who was injured by a defective bathroom door latch.
A young boy who was injured when a defective soccer goal post fell on him.
A teenage boy who was sexually abused by his teacher.
A young boy who was injured while playing soccer on a field that was not level.
A teacher who slipped and fell on sloped and slippery steps.
A young boy who was injured at camp when he slipped and fell due to a muddy condition.
A young girl who was injured at camp when a bicycle fell on her.
These case 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 or school employee; school bus accident; or any dangerous condition that can cause a slip and fall accident or many other possible fact patterns.
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 may be held accountable. So if your child was injured due to the negligence of school employees then you should consult with an attorney right away who has experience handling these types of cases
So 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 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 (212) 227-2780, or at [email protected]., or toll free in New York 1-800-269-2780, 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 there is a monetary recovery of funds.
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