Can I Sue If My Child Was Injured at a New York City Public School?
Your child spends a great deal of their time at a New York City public school, and during those hours, the school is responsible for their well-being. If your child is seriously injured due to negligence of the administration or staff, you have the right to sue.
Depending on the nature of the injury, your child may have suffered not only physically, but also mentally and emotionally. The time to file a complaint against the city is quite limited, so obtaining legal counsel right away is critical.
A New York City personal injury lawyer from Douglas and London is well-versed in lawsuits against the city of New York. We will investigate your case promptly so you and your family may receive the compensation your child deserves for injuries, related expenses, and possible damages such as pain and suffering.
Statute of Limitations
In most circumstances, a person injured in New York has three years to file a personal injury lawsuit. When a city agency is involved, such as the New York City Department of Education (DOE), a different timeframe exists. You have only three months, or specifically, 90 days, to file a Notice of Claim against the DOE and the city of New York itself.
Once the Notice of Claim is filed, the school district must investigate and respond within 30 days. The parent, or the child, if they are old enough, must attend a 50-h hearing. During this, the claim is explained to the DOE and city officials.
After that, you have one year and 90 days in which to file a lawsuit. Such cases are usually heard in the Supreme Court in the borough where the school is located.
However, if non-DOE employees are partly responsible for your child’s injury, such as another student or the manufacturers of dangerous equipment, the three-year statute of limitations applies for lawsuits filed against them.
As noted, various entities may prove liable for your child’s injuries. That is especially true if your child was injured on playground equipment. While the school may not have safely maintained the equipment, it is also possible that it was poorly designed and dangerous.
The school is additionally liable for injuries if children were playing on the equipment without the supervision of a teacher or other school employee.
Unfortunately, acts of violence occur far too frequently in New York City public schools. Whether or not the perpetrator was another student or someone else, you will likely have a basis for suing the school for negligence.
These crimes generally happen in schools with inadequate security, including a lack of metal detectors. Perhaps your child was attacked in a cafeteria, and no supervisor was present as required by law. The lack of supervision is also negligence on the part of the school.
If this has happened to your child, you might also file a lawsuit against either the perpetrator or their parents if the culprit is under 18.
Contact a New York City Personal Injury Lawyer
If your child was seriously injured at a New York City public school, you need the services of an experienced personal injury lawyer at Douglas and London. Receive a free consultation by completing our online form or calling or texting us 24/7. The process of suing the New York City Department of Education is complicated, so you need an attorney with a successful track record. After reviewing your claim and the nature of the injury, we will discuss your options. Because we work on a contingency basis, there is never a fee unless you receive compensation. Hablamos Espanol.