Can I Sue If My Child Was Injured at a New York City Public School?

Getting your child enrolled in a public school in New York is often a necessity. But what happens when the inevitable strikes? What would you do if your child was injured at school? Sometimes, what often follows after receiving a call about your child being injured is panic.

Every parent's worst nightmare is getting a call from their child's school informing them that their child has been injured. While we expect our children to be safe and well-cared for when they are in the care of their school, unfortunately, accidents and incidents do happen. If your child has been injured at a New York City public school, it can be a traumatic and overwhelming experience.

Though that is a valid emotion at the moment, your best line of action would be to get sound legal counsel as soon as possible.

Your child may not have sustained any physical injury but rather emotionally and mentally. You’re expected to act fast since there’s often a time limit. A person injured in New York has at least three years to file a complaint.

However, a different time frame comes when a city agency is involved, such as the New York Department of Education (DOE). In that case, you have nothing less than three months to file a complaint.

Premises liability

If by any means you injure yourself on someone else's property, that person is responsible for your injuries. In a school setting, however, the same applies, except it wasn’t an act of negligence by the school authority.

The school must provide a safe environment and ensure that all its buildings are well maintained. If there is a piece of broken equipment or perhaps, a slippery roof, the school is to be held liable for any damages or injuries.


The fact is that kids will always be kids, and thus roughness is always inevitable. Nevertheless, the school staff should be present to maintain order and break up any fights before things get bad.

Also, the staff is to be properly screened to ensure that dangerous adults are not put in charge of children. If there’s ever a case where the harm is coming from staff, the school most likely would be held liable.

When is the school not liable?

The school might be held liable for anything that happens to your child on school property. But the case isn't the same if your child walks to school and is hit by a car. The school will not be held liable, but rather the driver.

When your child is injured at school, your best line of action is to get in touch with an experienced personal injury attorney. They will be in the right position to give you sound legal counsel that you can work with.

Their knowledge of the legal system will benefit you, and they will help you get full compensation for any damage, injury, pain, or suffering your child may have suffered.

If that is the case, contact us by calling or filling out our contact form to book a free appointment.

Call Sgarlato & Sgarlato PLLC. today to schedule your free consultation.

Sgarlato & Sgarlato PLLC Personal Injury Lawyers helps injured residents of the Staten Island area recover full compensation for the damages and losses they suffer due to the negligence of others.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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