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Personal Injury Claims for School Accidents

According to the National Highway Traffic Safety Administration (NHTSA), drivers in the US were involved in 340,039 fatal motor vehicle traffic crashes from 2004 to 2013. Of those, .4%, or 1,214, was classified as “school-transportation-related.” NHTSA reported that on average, approximately 134 people die each year as a result of school-vehicle-related accidents. Of those, about 8% are when they are riding in the school buses. Schools and school districts can be held liable on a number of different legal grounds for injuries that are sustained by students. Apart from school bus accidents, there are other types of claims for school accidents or injuries, including negligent supervision, school sports injuries, school gym injuries, and student-on-student assaults.

Negligent Supervision

Whether or not adequate supervision was provided by the school is a question that constantly crops up when gets hurt at school. Without supervision, the school can be held accountable if the student gets injured and this category of personal injury claim is classed under the legal theory of “negligent supervision.” It is the duty of parents to supervise their children when they are under their custody. Similarly, it is the school’s duty to provide supervision when children are within the school premises. Therefore, when a child injures him or herself on a playground, or in a lunchroom, or in a classroom, or has been assaulted by a fellow student, or gets injured while rough-housing, a lawyer may conduct an accurate and comprehensive investigation. Such an investigation may expose certain realities such as the fact that the school was not following some of its own rules with regard to the adult monitor to student ratio. The investigation may also reveal that the teachers or monitors were distracted and there was no proper supervision, or that adequate safety rules were not set in place for students.

School Sports Injuries

If there is voluntary agreement by a student to partake in a sport that is known to be risky, the student cannot file a lawsuit against the school for the kinds of injuries that are inherent to the sport. For instance, if he is tackled during a football game or practice, the student cannot sue the school for the injuries that he receives since tackling is part of the game and one of the major risks of being tackled is that the player can get hurt. However, there are certain games or sports that do not pose risks of getting hurt or causing sports injuries and therefore, it is evident that the players have been ill-advised and poorly supervised by the school. In such cases, the players may sue the school for failing to maintain safety in the playing field.

School Gym Injuries

In most schools, gym class is compulsory and in such a case, the student has not volunteered to assume the risks of the gym. For this reason, gym accidents usually make better cases against schools as opposed to sports accidents where students voluntarily partake in a sport. Nonetheless, unless the school has been negligent and this negligence is the cause of an accident, the school cannot be sued for a gym injury. Some examples of school negligence causing gym accidents are inadequate supervision, failure by the gym teacher to provide adequate instructions to the students on how the gym activity should be performed, or provision of unsafe equipment.

Student-on-Student Assaults

When a student is beaten up, assaulted, punched or purposely injured by another student, the same question of whether proper supervision was provided by the school arises. The school cannot be held liable if the assault was unexpected and sudden. In such a case, it is evident that no amount of supervision could have prevented the incident from occurring. However, in some cases, even if the assault was sudden, the school can be held accountable since the assailant is known to cause trouble on other occasions, and the school has failed to properly discipline him. The school can also be held responsible because it should have been aware of past altercations between the assailant and the victim, yet failed to prevent the incident from happening. The main point is that it is the school’s duty to take preventive measures against injuries to students and this includes injuries because of other students. However, it should be noted that if the student voluntarily took part in a fight, the school cannot be sued for resulting injuries.

A Golden Law Firm

If your child has been harmed or injured in a school accident or any other incident, you should immediately contact one of the reliable and experienced personal injury attorneys at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000. We have a long line of satisfied clients – we hope you are one of them.

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April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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