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fleet of school buses
13 October 2017

Who Is Liable When A Child Gets Injured At School In NYC?

Last month, parents in the Bronx and throughout NYC were shocked to hear news of one high school student murdering another in the middle of the classroom – as a teacher, aide, and fellow students watched frozen in fear. This case has raised a wide range of serious concerns regarding student safety in New York City public schools:

  • What more can these schools do to stop bullying?
  • How was this student able to bring a dangerous weapon into the classroom?
  • What more could the school have done to prevent this crime?

Many parents may be concerned about the safety of their children following this tragic incident. When you leave your children under the supervision of a school, daycare, babysitter, or another childcare provider, you trust that they’ll be safe. But what happens when one of these parties violates this trust and your child gets seriously injured, or worse, dies because of negligence?

Family Of Bronx Stabbing Victim Plans $25 Million Lawsuitfleet of school buses

The slain student’s family filed a notice of claim against New York City on Tuesday. This is the first step towards filing a lawsuit. The family alleges that the school was negligent by reason of inadequate security – including a lack of metal detectors. The murder weapon is allegedly a spring-loaded switchblade purchased on Amazon, which may have been detected if metal detectors were present.

The family is seeking $25 million in damages related to their son’s suffering before death, loss of future earnings, along with punitive damages. In addition to the city of New York, the victim’s mother is bringing the claim against the Department of Education and the NYPD.

A separate notice of claim was filed on behalf of a second student who was seriously injured in the stabbing attack.

Can I Sue My Child’s School For An Injury?

If your child got injured while at school and you’re wondering about your family’s legal options, there are a few things to consider. In order to have grounds for a lawsuit, you and your lawyer must establish that the school was negligent and that this negligence directly led to your child’s injuries.

For example, if your child was attacked and injured by another student at lunch because a school employee responsible for supervising them was not present at the time of the attack, you would likely have grounds for a lawsuit based on negligent supervision. If successful, your family could recover financial compensation for damages related to your child’s pain and suffering from the injury.

If you do decide to take legal action for your child’s injury, it’s important to act quickly. New York state law requires you to file a notice of claim within 90 days of the date your child’s injury occurred. We advise discussing the details of your case with one of our experienced New York City personal injury lawyers in a free consultation as soon as possible.