Every once in a while I come across a story of school negligence that is particularly egregious. These stories, like the one that follows, tend to make me take a step back and appreciate what a wonderful country we live in.


"Why?" you ask.


Because these stories invariably did not occur in the United States.


This particular case comes out of India, where a 4 year-old child was playing just outside his school when he fell into an open drain, and was only found hours later- when his parents came looking for him.  (Apparently, school officials had no idea this child was missing to begin with.)


For purposes of clarity, let's review some of the more important ways this school would be deemed negligent under New York law:

  • They failed to properly operate and maintain a large drain cover in their playground where small children of 4 years old were known to be, and were rightfully playing;
  • They failed to account and monitor for the children in their charge, including this poor 4 year-old child, at all times during school hours;
  • They failed to get timely and proper help for this child once he was injured.

From the article reporting on this story, it appears that an investigation has commenced. Let's hope it leads to positive changes to childrens' safety in school.

Jonathan Cooper
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Non-Compete, Trade Secret and School Negligence Lawyer
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