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Who is responsible if my child was injured at school?

During the school year, children spend about a third of their time at school or doing school-promoted activities. Parents should reasonably believe that their children will be safe in the hands of their teachers and school administrators. However, if a child is hurt while at school or at a school-related event, parents often wonder who should be held liable. 

Besides sustaining injuries on playground equipment, school children may also get injured by participating in school sports, being exposed to food-borne illnesses, or from the result of negligent teachers and administrators. It is estimated that a quarter of the 14 million child injuries that occur in the U.S. each year happen at school. 

Who is liable?

To determine who is liable for your child’s injury, first, you must find out whether the act was intentional or due to negligence. An intentional injury could be caused by an abusive teacher or fellow student, such as bullying. If a teacher intentionally caused harm to a student, then the school district would be held liable for not conducting a substantial background check and for hiring an irresponsible and harmful educator. If your child is being bullied, then the parents of the bully may be liable. 

A school is expected to provide a certain level of care and attention to its students, so if it fails to meet that standard, that could be considered an act of negligence, thus making the school itself liable. Examples of negligence at schools are:

  • Inadequate supervision by school staff, including teachers and administrators
  • Inappropriate food handling by cafeteria workers that led to foodborne illness
  • Inadequate emergency planning in the event of a natural disaster

Contact a New York child injury attorney

If your child was injured at school due to the negligence of teachers, administrators, or others, you could be eligible to seek justice and fair compensation for the harm they’ve suffered. At Hach & Rose, LLP, our team will fight for you and your loved ones. Call our office at (347) 318-9604 to discuss your legal options today.

Playground Dangers

According to the U.S. Centers for Disease Control, 75% of the accidents that occur on a playground will happen in a public area. Additionally, children between the ages of five and nine years old are the most likely to be severely injured when using playground equipment. Serious injuries and accidents can occur for different reasons. However, specific elements of the design or maintenance of playground equipment often make a certain playground more dangerous than others. Elements of playground equipment that often causes injuries include:

  • Slick equipment surface
  • Overly hard or soft equipment surfaces
  • Poor equipment installation
  • Rusty or poorly maintained equipment
  • Openings which would trap a child’s head
  • Low railings on elevated equipment

These problems in the design or construction of a playground are just some of the few that can cause your child to become severely injured when playing. Companies that are negligent in the creation, testing, or maintenance of their equipment should be held responsible for the damage they cause to others.

Common Playground Injuries

Typically, the most common cause of injury when a child is injured because of the  playground design is a fall from an elevated surface. However, other equipment, such as slides, swings, or teeter-totters can cause serious injuries if they are not well designed, maintained, or repaired. No matter the type of equipment your child was playing on at the time, the consequences can be severe or life-changing. The most common injuries children sustain on playground equipment include:

  • Bruises or cuts
  • Strains or sprains
  • Broken bones
  • Injuries to internal organs
  • Dislocations
  • Damage to the neck and spine
  • Concussion
  • Brain injury

When your child has been injured on the playground, their injuries may be both physical and emotional. Your son or daughter may be managing the consequences of this accident for the rest of their life. If this is the case, you do not have to accept these consequences, and you may be entitled to financial compensation as a result.

Contact a New York Playground Injury Lawyer Today

If your child has been the victim of a serious playground injury, you need the support of an attorney to get justice. The lawyers at Hach & Rose, LLP understand what you are going through, and we are prepared to help. Contact us today at (212) 779-0057 or reach out to us online to set up a free consultation to discuss your case.

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