If my son fell down from school steps and was injured due to one kid pushing another, who is liable?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my son fell down from school steps and was injured due to one kid pushing another, who is liable?

My son fell down from school steps. What happended was that one kid pushed another kid and that kid pushed my son. Now my son use crutches because his knee is broken. He will need it for 6 weeks and maybe longer time. Can I claim and how can I do it?

Asked on April 18, 2012 under Personal Injury, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You could possibly sue the family of a child who deliberately pushed another (i.e. not someone who was pushed into your son and had no control over his/her own movements), if you can show that the push was done with the intention of causing injury or with an unreasonable disregard for the possible consequences--with "unreasonable" judged by the standards of children of their age. You would not be able to sue a child pushed into yours.

You might be able to sue the school if you can show they were negligent in how they were supervising the children--e.g. there was pushing going on in the line, but the teacher ignored it; or the student who pushed your son has a history of hitting/pushing/etc. but they did not take action to curtail it.

If there is someone you could sue and you win, you could potentially recover unreimbursed or out-of-pocket medical costs; other unreimbursed costs (e.g. taxis, if you're using cabs to send your son to school while he's injured, instead of him walking or taking the bus); lost wages (if  you missed work to care for him); and possibly some amount for pain and suffering.

You should consult with a personal injury attorney to evaluate the strength of you case and options.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption