New York Public School Assaults
Unfortunately our children today still face the dangers of New York public school assaults because of unsafe conditions.
New York public school assaults affect the whole community, including the children, parents, and teachers.
New York City public schools and private schools can be held liable for assault that occur on their premises. Under the theory of negligence, a School’s breach of duty and is relative to time, place and circumstance”. Courts have held institutions liable for New York public school assaults when the Courts determined the existence and scope of duty with reference to “what is socially, culturally and economically acceptable”.
Schools have a duty of care towards students because they act in loco parentis. That is, they take the place of parents while students are in their custody, and therefore must act with the same care “as a parent of ordinary prudence would observe in comparable circumstances.”
New York public school assaults Liability
A liability determination by a jury will therefore be appropriate if a jury can find, first, that the school, acting in loco parentis, breached its duty to the student, either by failing to inform his mother about the first incident or by failing to take other available reasonable steps to discourage or prevent a further incident, and second, that the failure constituted a proximate cause of the second assault. The proximate cause determination entails two separate findings: first, that the chain of causation leading from the breach actually led to the injuries, and, second, that the second assault and resulting injuries were a foreseeable consequence of the breach, rather than an intervening cause of plaintiff’s injuries.
It is important that if your child was attacked at during school you do the following:
- Treat your injuries. Make sure if you are injured your receive treatment. Go to the hospital, and do not miss any follow-up appointments.
- Photographs. Take photographs of your injuries.
- Contact the School Administration. If you child has been injured, make sure you contact the school administration immediately.
- Witnesses. If someone saw assault, obtain their email, telephone number, address, and even a written statement.
Each school assault is different, and it is vital to have your case evaluated to determine if all the you can hold the school administration liable. Having an experienced, knowledgeable, hardworking, and caring attorney from Daniel Szalkiewicz & Associates, P.C. handle your case will provide you with the best chancing of receiving the large and fair settlement that you deserve. Our legal team will send investigators to talk with the school administration, FOIL reports, question witnesses, and take statements. We immediately send claim letters to alert the insurance and require the potential defendants to preserve all relevant evidence.
With our solid hard-working reputation for our clients and tough litigators and settlement skills, Daniel Szalkiewicz & Associates, P.C. can swiftly and strongly bring your case to a favorable resolution.