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New York Personal Injury Law Blog

Tuesday, June 5, 2018

Children and School Injuries: What are Your Legal Rights?

Roughly 10 to 25 percent of accidental injuries for children occur while they are at school. An estimated 2.2 million students will suffer an injury at school each year throughout the country. If  your child was injured at school or on school grounds, you may be able to obtain compensation for the harm he or she endured. The legal remedies vary depending on the cause of the injury, however.

Teachers and support staff have a significant responsibility when it comes to caring for your child. There are times when their  failure to supervise or react appropriately to certain situations can create legal liability for the school. In other circumstances, poor maintenance or inattention can also create a legal obligation.

Premises Liability at School

Keeping students safe while on the school property is extremely important. When the school property is not well maintained, students are at a higher risk of being injured.

All  property owners have a duty or maintain  their property and provide a safe environment to visitors. Because schools are used by young children, however, schools have a more significant responsibility when it comes to upkeep and ensuring that the location is safe.

Parents of children who have been injured at school because of poor  maintenance or negligent supervision can bring a legal claim against the school. These situations include slips, trips and falls or if school employees fail to  provide aid to your child if he or she is harmed in an accident on school grounds.

Bullying in Schools

Bullying is a big issue today. It occurs in schools across the country, and it can make children unsafe while attending school. When a school fails to take action to stop bullying behaviors, it can be legally liable for any injuries that your child endures. This action may include things like suspending or expelling the bullying student. It is vital that the school utilize its own code of conduct to address poor student behavior.

Bullying instances can also create liability for the parent of the bully as well. That is, the bully’s parents may be liable for any harm that the bully causes your child.

School-Related Product Safety

Children handle a wide range of unique products at school, including toys, lunch boxes, and school supplies. Some of these products can pose risks and have been subject to recalls. For example, BPA-lined plastic containers were recently recalled because of the unsafe chemicals.

When your child is harmed by a product, you may have a legal claim against the manufacturer, even though it was the school that exposed your child to the product. In some situations, the school may also be liable, particularly if they  had reason to know that the product was dangerous or defective.

Getting Legal Help

If your child has been harmed at school, you may have legal options. It is a good idea to speak with an experienced personal injury attorney to determine how to  help your child after an injury at school.


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