Suing a School for a Child Injury
Putting your child into the hands of the school system with adults you don’t know personally and many variables out of your control can be very nerve-wracking.
It takes a lot of trust to allow your pride and joy out of your sight for so long every week. Sometimes, sadly, schools can break this trust.
The personal injury lawyers at Greenstein & Pittari, LLP understand how anxiety-inducing it can be to find that your child has been injured while at school.
It’s hard to know where to start looking for help. The first step is to seek out reliable resources to discover what your options might be to sue a school for child injury. Reach out to learn more.
Common Injuries Occurring on School Grounds
When you send your child to school, it is impossible to account for every variable they might encounter.
On a daily basis, your child has contact with teachers, administrators, cafeteria staff, and other children. They travel the halls, use the bathrooms, and play on the playgrounds.
Unfortunately, sometimes staff are improperly trained. Sometimes infrastructure is falling apart because the school doesn’t have the funds to update things. Children can be mean, and cause harm, either unintentionally or on purpose.
The most common injuries that students experience at school are caused by:
| Common School Injury | Long-Term Impact on Your Child |
|---|---|
| Broken Bones & Dislocations | Can lead to growth plate issues, chronic pain, and missed physical education or extracurriculars. |
| Head & Brain Injuries | Concussions can impact cognitive development, focus in the classroom, and emotional stability. |
| Food Poisoning | Severe dehydration or organ stress caused by expired cafeteria food or improper storage. |
| Neck and Back Injuries | Often caused by falls in stairwells or gym accidents, leading to lifelong mobility challenges. |
| Injuries Caused by Fighting | Combines physical trauma with severe emotional distress and a loss of the sense of safety at school. |
| Exposure to Toxins | Long-term respiratory issues or neurological damage from lead, mold, or asbestos in old school buildings. |
Suffering from a serious injury at a young age can be a traumatic experience. Your child may suffer from emotional trauma and pain that impacts their life.
Your personal injury lawyer can help you get them through this difficult time.
Duty of Care
When you send your child off to school, there is the expectation that your child will return home safe and sound, in the same state they left in.
The school is obligated to regularly inspect the whole of the premises for potential hazards. If a hazard is found, it must be taken care of as soon as possible.
For example, if one of the stairwells is found to have a loose handrail, it is the school’s responsibility to fix it immediately to prevent injuries.
If the school is aware of an issue that could potentially cause harm to the students it cares for, and it causes harm, the school is liable for that harm.
Talk to your personal injury lawyer about holding the school responsible for this harm.
When is the School Liable?
The school may be liable for your child’s injuries, but how can you be sure?
You may need evidence that they failed to meet basic standards of care. The most common situations that the school is liable for include the following:
| Liability Trigger | Legal Standard for Recovery |
|---|---|
| Improperly Maintained Infrastructure | Premises Liability: Proving the school had “actual or constructive notice” of the hazard (like a broken rail) and failed to fix it. |
| Asbestos & Toxin Exposure | Strict Liability/Negligence: Schools must comply with AHERA regulations. Failure to contain friable asbestos is a major breach of safety. |
| Negligent Supervision | Prudent Parent Doctrine: The school must provide the same level of care that a “reasonably prudent parent” would under similar circumstances. |
| Bus Accidents | Vicarious Liability: The school or district is responsible for the driver’s errors. Note the strict 90-day Notice of Claim window for municipal buses. |
| Defective Equipment (Gym/Playground) | Product Liability: Can be brought against the manufacturer (strict liability) or the school (negligent maintenance) if the defect was known. |
| Food Poisoning | Breach of Implied Warranty: Proving the food was unfit for consumption and caused the specific medical illness reported. |
If the incident involves a specific teacher, the courts may invoke the Prudent Teacher Doctrine.
This doctrine asks, what would a sensible teacher have done in the situation that led to the injury?
If the teacher’s response to the incident is found to be inadequate, the school can be held liable.
FAQ
Navigating the legal process after an accident at your child’s school can be challenging, particularly when government entities are involved.
Below are the questions our NYC child injury lawyers most frequently receive from parents.
1. How long do I have to sue a public school in NYC?
You must file a formal Notice of Claim within 90 days of the accident.
If you miss this deadline, you may lose the right to seek compensation.
After the notice is filed, you generally have one year and 90 days to commence a formal lawsuit.
2. Can I sue a school if my child was injured by another student?
Yes, but a successful legal claim hinges on proving the school failed to provide adequate supervision.
You must prove that the school was “on notice” of a specific danger, such as a history of bullying or a known threat, and failed to take reasonable steps to prevent the fight or assault.
A school is not a “guarantor” of safety, but it must act as a prudent parent would in the same circumstances.
3. What is a 50-h Hearing in a school injury case?
This is a pre-trial testimony where the school’s attorneys question you and your child about how the injury occurred and the extent of the damage.
Having a firm like Greenstein & Pittari, LLP by your side is crucial to ensure your testimony is protected.
4. Does my child’s injury meet the “Serious Injury Threshold”?
Under NY Insurance Law § 5102(d), for certain accidents (like those involving school buses), your child’s injury must meet a specific legal threshold to qualify for a lawsuit.
This includes fractures, permanent loss of use of a body function, or a non-permanent injury that prevents them from their normal activities for 90 of the first 180 days following the accident.
5. Is the process different for private schools vs. public schools?
Yes. Private schools do not have the same “sovereign immunity” protections as public schools.
You generally do not need to file a 90-day Notice of Claim for a private school, and you typically have the standard three-year statute of limitations to file a personal injury claim.
However, regardless of the school type, the school’s primary duty is to protect students from foreseeable harm.
6. What damages can I recover for my child?
At Greenstein & Pittari, LLP, we fight for both economic and non-economic damages. This includes:
- Medical Expenses: Past and future surgeries, therapy, and specialized care.
- Pain and Suffering: Compensation for the physical and emotional trauma your child endured.
- Loss of Quality of Life: If the injury prevents your child from participating in sports, hobbies, or social activities they once loved.
7. Can I sue for emotional distress if my child wasn’t physically hurt?
Yes, but it is legally more complex.
Under New York law, you can pursue a claim for emotional distress alone if the school’s “gross negligence” put your child in immediate physical danger (the Zone of Danger) or if the school’s conduct was so extreme that it caused a diagnosable psychological injury.
Seek Out a Lawyer When Suing a School
If your child has been hurt at school and is suffering, don’t be deterred from seeking justice.
If you have questions about the way forward, Greenstein & Pittari, LLP is here to answer them, starting with a free consultation.
Call 1-800-VICTIM2 (842-8462) or complete the following online contact form today.