September means back to school time. Children are in school for a significant part of every day, and we trust schools to safeguard our children. As a parent, you should be aware that schools have a legal obligation to take reasonable steps to protect our children’s safety.
Call the White Plains school accident attorneys at Worby Groner Edelman LLP if your child has been injured at school. Our attorneys have years of experience representing clients injured in school accidents. It is very important for you to know that in any case involving a public school, youwill probably have only 90 days to file a claim with the School District, or the municipality in which the school is situated. If you fail to file a claim within 90 days, the law might permanently prevent you from doing so in the future.
Accidents During School Hours
Many schools today have written safety protocols, but accidents can and do happen during school hours. Accidents can be caused by inadequate supervision, or defective equipment in a gymnasium. Students are sometimes bullied, or otherwise injured by fellow students. Dangerous conditions can be present in a school building due to negligent maintenance.
The issue of bullying has received much attention in the last few years. Once a school is put on notice of a bullying incident, it has a legal obligation to take steps to protect your child. Parents know their children better than anyone else, so if your child does not tell you about a bullying incident, hopefully you’ll see the signs, or notice that your child is acting differently. If you become aware that your child is a bullying victim, put the school on notice immediately. You can send an e-mail to the principal, or another appropriate school official. Make sure you follow-up, and be persistent in your efforts. From a legal standpoint proof that the school had prior notice that your child has been bullied is critical. A school may not be responsible for an injury if it had no reason to be aware of prior bullying incidents.
School Bus Injuries
If your child is injured while on a bus, your own No Fault automobile insurance policy might provide primary No Fault coverage for your child’s medical bills. You’ll be able to identify the insurance carrier for the bus company easily enough, but don’t forget to put your own insurance carrier on notice too. In most cases, you have only 30 days to make a claim for No Fault benefits. Some School Districts own their own buses, and that can affect the question of No Fault coverage.
Communication is crucial. Let the school know when something is wrong, and document your conversations. As a parent, you may be your child’s greatest resource, but the truth is that between the school bus trip and the school day itself, your child is in someone else’s care for about half the day. Do all you can to see that the school is as safe as it can be.
The school accident attorneys at Worby Groner Edelman have handled a wide range of cases against schools. We can answer your questions involving who is responsible for medical bills, whether you should file a lawsuit, and take care of all the details. Call us for a no obligation consult; there is never a fee unless we are successful.