If your child is injured at school in Long Island, the question of who pays for the damages depends heavily on the circumstances surrounding the incident. Liability may rest with the school district, a specific teacher or staff member, a third-party contractor such as a bus company, or even another student’s parent. Public schools in New York are government entities and may benefit from certain legal protections like sovereign immunity. However, this does not make them immune to lawsuits in all cases.
To pursue a claim against a public school, New York law requires parents to file a notice of claim within 90 days of the incident. This step is crucial, as missing the deadline can jeopardize your ability to recover compensation. Whether the injury occurred due to poor supervision, unsafe facilities, or bullying, identifying the responsible party requires a careful legal assessment of the facts, duties involved, and the applicable local laws.
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If My Kid Gets Hurt at School, Who Pays?
If your child is injured at school in Nassau County, the school district’s liability insurance is typically the first route for compensation—but the school itself may also be held directly accountable if negligence is involved. Under New York law, schools have a duty to maintain a safe environment. When they breach this duty, injured students (through their parents or guardians) can pursue a personal injury claim.
In New York, public schools and school districts can be held legally responsible when a student is injured due to negligence. To pursue compensation, parents must file a formal Notice of Claim within 90 days of the incident, as required by New York General Municipal Law §50-e. Failing to file this notice on time may result in losing the right to seek damages.
In most cases, the following parties may be financially responsible:
- The school district failed to maintain a safe environment.
- A third-party contractor, such as a maintenance company or school bus operator.
- Another student’s parent, in rare cases involving intentional harm
Schools May Be Held Liable If They Act Negligently
Negligence is the legal basis for most injury claims involving children at school. In Nassau County, a school can be held liable when it fails to take reasonable precautions to prevent harm to its students. That includes both physical conditions—like damaged stair rails or faulty playground surfaces—and operational shortcomings, such as failing to properly supervise children during recess, in hallways, or between classes.
To establish a negligence claim under New York law, parents must typically prove four key elements:
- The school had a duty of care to provide a reasonably safe environment for students.
- That duty was breached by failing to correct or warn about a hazardous situation.
- The breach directly caused the student’s injury.
- The injury led to damages, including hospital bills, long-term care costs, or psychological trauma.
Even if the injury appears accidental, a school’s failure to act appropriately can justify a claim for compensation.
Schools Must Prevent Foreseeable Hazards
Schools in Nassau County are legally required to anticipate and take action against foreseeable hazards that could cause harm to students. This duty of care applies throughout the school property—inside classrooms, on playgrounds, in hallways, and even at bus stops. When school staff fail to recognize or respond to conditions that pose an obvious risk, they can be held liable for resulting injuries.
Foreseeable dangers often include:
- Wet floors without posted warning signs
- Defective playground equipment, such as loose bolts or sharp edges
- Lack of supervision during recess, lunch, or student transitions
- Failure to prevent bullying or physical altercations
- Unsecured furniture or classroom hazards
When administrators know—or should reasonably know—about these dangers, they have a legal obligation to correct them or prevent access. If a child is injured due to one of these overlooked risks, families may be entitled to compensation through a personal injury claim.
The Duty of New York Schools in School Injury Claims
Schools in New York cannot guarantee that accidents will not happen throughout the course of the day. For example, if a child is running while playing basketball at recess and falls, the school may not be liable for that accident if the basketball court is properly maintained and safe for play. However, if there were cracks in the pavement or the ground was made of an unacceptable material, schools could be held liable for an accident. School employees play a crucial role in maintaining safety and preventing such incidents.
New York schools have a duty to ensure that the school building, playground, and all other areas of the property are safe for the children who use them. When they fail to do this, they are liable for any accidents that result from the unsafe condition. This means floors that have become wet and slippery must be properly mopped and dried, and schools must ensure that their playground equipment is updated and repaired when needed.
The school district is responsible for ensuring safety and preventing injuries on school premises. Additionally, New York schools are required by law to intervene when they see a child being bullied or when fights erupt between two or more children. When they fail to do this, parents can hold the school liable for any injuries that result.
Common Kid Injuries in Schools
While minor scrapes and bruises are part of growing up, schools have a duty to minimize serious and preventable injuries through proper maintenance and supervision. When they fall short, the consequences can be life-altering. Children spend a significant portion of their day on school grounds, making it essential that the environment is free of hazards.
Some of the most common injuries reported in school settings include:
- Fractures or broken bones from slipping on poorly maintained floors or falling from defective playground structures
- Head injuries and concussions caused by sports collisions or unsupervised horseplay
- Lacerations, burns, or chemical exposure in science labs or cafeterias lacking adequate safety protocols
- Emotional or psychological trauma stemming from bullying, harassment, or unchecked violence
When Can You Bring a Lawsuit if Your Child Is Injured at School?
You may have grounds for a lawsuit when a school’s carelessness directly leads to your child’s injury, and they had a clear responsibility to prevent it. These cases often come down to whether someone dropped the ball on their legal duty to keep kids safe. Some of the more common scenarios that open the door to legal action include:
- Lack of proper supervision during recess, gym class, or dismissal.
- Dangerous school conditions like broken handrails, wet floors, or poorly maintained playgrounds.
- Ignoring signs of bullying or failing to intervene in time.
- Hiring staff without proper training or overlooking red flags in their background.
New York law allows parents to pursue compensation under premises liability or general negligence, depending on what happened. At the end of the day, knowing your rights and acting quickly can make a huge difference in holding the right people accountable.
Common Injuries in Schools
School environments, though intended to be safe, often lead to injuries. According to Safer-America, the most frequent include:
- Sprains and pulled muscles – Occur in gym class or on the playground.
- Cuts and bruises – From slips or minor accidents.
- Dislocated joints – Especially from physical education activities.
- Fractures or broken bones – Often result from falls or defective playground equipment.
- Head injuries – Most concerning due to the risk of traumatic brain injury. Signs like vomiting, dilated pupils, or slurred speech warrant immediate medical attention.
If these injuries were preventable and due to a hazardous condition, the school or district may be held liable under New York’s premises liability laws.
If My Child Were Injured Due to School Violence, Can the School Be Held Accountable?
Yes, schools can be held accountable for violence if they failed to take reasonable steps to prevent it. As emphasized by the National Center on Safe Supportive Learning Environments, school safety extends beyond physical hazards—it includes protection from bullying, harassment, and violence.
Liability may arise when:
- Staff ignore repeated reports of threats.
- There are no security measures like supervision, controlled access, or incident reporting systems.
- A known history of violence is not addressed appropriately.
In these cases, the school’s failure to act can be grounds for a personal injury claim, especially if it involves physical harm due to neglect or foreseeability.
What to do if Your Child is an Injured Child at School
It can be confusing for parents and children alike when an injured child becomes seriously hurt at school. Parents, in particular, often want to take action but are not sure how to do it. For this reason, it is important that all parents in New York know what to do if their child is ever injured at school.
First and foremost, of course, the child’s health is most important. It is crucial that the child receives medical treatment for any injuries as soon as possible. Even when a child tells a parent that he or she fell off of school equipment or was involved in a fight but does not seem injured, it is still important to take that child to a doctor. He or she may have injuries, such as a concussion, that will not show symptoms right away.
It is also important to seek full and fair compensation for the injuries sustained by the child.
Children should also write down everything that happened leading up to the injury. They should include what they were doing at the time, who else was there, and any action taken by the school. If children cannot write these things down, they should tell their parents, who can then record the incident.
The next step parents should take is to call a personal injury attorney familiar with education law right away. Many times, parents can take legal action if their child is hurt, but these lawsuits work differently than other personal injury claims. They are much more complex and have different statute of limitations and other procedural rules. An attorney will know what these are and how to file a claim properly so parents and children can receive the fair compensation they need to deal with their injuries.
Was Your Child Hurt at School? Call a Long Island Child Injury Attorney
If your child was injured in a preventable accident at school, do not try to take on your case alone. Whether the injury occurred at a private school or a public school, different legal procedures and requirements apply. Contact the experienced New York child injury attorneys at the Law Office of Cohen & Jaffe, LLP at (516) 358-6900. In cases of a school bus accident, we can help navigate the legal implications and seek compensation. We will hold the property owner or school officials responsible when they have been negligent and help you and your child get the compensation needed to help with the cost of their injuries. Property owners have a duty to protect children from harm on their premises. Call us or fill out our online contact form today for your free case evaluation. Seeking legal help is crucial for injured children to ensure their rights are protected and they receive the necessary support.
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