School & Daycare Injuries
Schools have the same duty as parents do to protect the children in their care. While schools and day care centers can’t prevent all injuries, they can be liable for defective equipment, failing to properly supervise the children in their activities, failing to control and monitor children who are known to be violent, or even for the negligence of bus drivers employed by the schools.
In rare and unfortunate instances, children may be the victims of physical, emotional and even sexual abuse or harassment by teachers and other staff.
Because most schools are operated by a government agency, the special rules associated with bringing actions against municipalities apply. A notice of claim must be served on the school district within 90 days after he accident or incident. This requirement may be relaxed by the courts when the school has made a report of the accident or incident so that it knew or should have known of the injury.
Once the case is settled, because a child is involved, the settlement must be approved by a court. The child may not have access to the money until after his or her eighteenth birthday. Special settlements called structured settlements can be used to earn tax free interest and distribute the funds to the 18 year old at a later date or over a long period of time, rather than entrust a large sum of money to someone who may not be able to use the funds appropriately.
If your child is injured due to an accident or incident at a school or day care center, you should contact the law firm of Norman M. Block, P.C. as soon as possible to make sure the child’s rights are protected. We will prepare and file the notice of claim and guide you through the initial procedures unique to claims against government entities. If necessary, we will bring suit and aggressively represent your child. Take advantage of our over 25 years of experience representing children in school accidents or incidents. Call us today.