If your child has been seriously injured as the result of the negligence of his or her school, camp or daycare provider, you're probably thinking - or should be -
How do I prove school negligence or negligent supervision case under New York law?
Similarly, if your child has been injured by a dangerous or defective product, you're probably wondering how do I prove the case of a defective product in New York?
Unfortunately, the national media has blurred the line between myth and fact regarding child injury cases, particularly in New York.
MYTH: If your child has been seriously injured when under someone else's care, particularly in a school or camp setting in New York, your child is automatically entitled to receive a damages award for your personal injuries.
FACT: Many - if not most - negligent supervision cases against New York schools are dismissed.
Here's the truth: if your child has been injured due to someone else negligence, there are several important questions that you should have answered before you talk to an insurance adjuster, and even before you hire an attorney. These questions include the following:
- Why are many negligent supervision or school negligence cases in New York dismissed?
- What is the most critical mistake I can make that will prove fatal to my child's case against a New York school or municipality?
- What role am I expected to play in the prosecution of my new york accident case?
Almost Every Personal Injury Lawyer Ad Claims That They Handle Child Injury Cases. Given the Importance of Your Child's Injury Claim, Make Sure Your Attorney Can Answer These Questions - Truthfully, and Without Hesitation.
The articles at our child injury accident blog and website answer these questions, and more, including:
- How Children's Product Safety Recalls Can Help Prove a Defective Products Case;
- How To Prove Your School Negligence Case Under New York law; and,
- Why Many (If Not Most) New York Playground Accident Cases Are Dismissed;
In addition, our free guide to New York accident cases - Why Most Accident Victims Do Not Recover the Full Value of their Claim - answers the following important questions:
- What your role should be in helping prosecute your accident claim;
- What steps the school, or its insurance company, will likely take to defend against your claim;
- and, most importantly,
- The 10 Mistakes That Will Reduce the Value of Your New York Accident Claim (and how to avoid them).
You can order a copy of this book, or call our Long Island office at 516.791.5700.
Some Basic Rules Governing Child Injury Accident Cases in New York
- While under the care of a school, camp or daycare provider, those entities stand in loco parentis - which is Latin, or legalese, for "in the parents' shoes." Consequently, they may be held responsible for the safety of a child that was entrusted to them during school hours and on school premises, but will only be deemed negligent if they have a special duty to the student, and they have notice of the imminent danger to the child, yet fail to prevent the incident that gives rise to the child's personal injuries.
- In our view, if your child has been seriously injured as the result of a New York school's negligence, it is almost pointless trying to negotiate a pre-action settlement with the school or its insurance company.
Our Promise
We promise to give you straightforward advice and counsel, and to use cutting-edge technology to move your case from beginning to end, and through the court system more efficiently. Our Long Island, New York law office is now nearly paperless, and we file almost every one of our cases through the New York courts' e-filing system, thereby eliminating weeks, if not months from the length of your case.
The Law Offices of Jonathan M. Cooper are located in Nassau County, New York, and serves the following areas: Nassau and Suffolk Counties on Long Island, Queens, Brooklyn, Bronx, Manhattan, Westchester and Staten Island.
Call Us Today To Discuss Your School Injury, Negligent Supervision, or School Accident Case
Even if you are unsure whether your child's accident case is viable, you can always fill out the contact form on this page, or pick up the phone and call us for a confidential, free consultation. We promise to tell you the truth - even if it means telling you that you don't have a viable case.