Points To Know If My Child Is Hurt By another Child at School
In most instances where a student is injured at school, it is due to another student causing the injury. Most times you’ll never receive any monetary compensation from the student who inflicted the injury to the child who was hurt.
The theory in most cases is that the school was negligent in the supervision of its students who were in their custody at that time. The school will defend those cases by saying “this happens so spontaneously, that there was nothing we could have done that could have prevented one student from hurting the other student.” Well I don’t believe that’s always the case because usually there’s some history that you’ll learn by speaking to the injured students to find out what happened between them before the moment that the injury was inflicted to learn some history that the school should have known to do something to prevent it.
For example, oftentimes a child will be bullied by the same child over and over again. If the school is told about this, even once, that will lay the foundation to show that they had noticed and they needed to adequately supervise the students because there’s a history of bullying between those two students.
This blog was provided by Jules Messinger, one of our experienced Brooklyn premises liability lawyers.
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