Special Considerations for School Lawsuits: New York City Legal Firm
Lawsuits against schools might have special considerations
A slip-and-fall accident can produce very serious injuries, no matter where that accident occurs. When the accident occurs at a school, the question that many people will have is whether they can seek compensation or not. The answer to that question isn’t one that is as cut and dry as what you might think.
The big factor that determines how you would handle a slip-and-fall accident case is what type of school is involved. If a public school is involved, you will have special rules to follow. Lawsuits that are against government entities are subject to Tort Claims Acts, which require that you file a notice of claim. Once you do this, the government has the option to deny or accept the claim before you file the claim.
These government immunity laws will usually apply if you are injured in an accident on public school property, but they typically won’t apply if you are injured on a private school’s property. In the case of a private school, normal premises liability laws will likely apply.
In all cases, you should make sure that you take action quickly because of time limits. This is especially important if you are planning on filing a claim against a government entity because the time limits are shorter if you are planning on taking action against a government entity.
It is crucial that you fully understand the special laws that apply to your case if you or your child was injured at a school. This is the first step in determining if you will pursue the claim for compensation.
Source: FindLaw, “Slip and Fall at School: How Do You Sue?,” Daniel Taylor, Esq., accessed July 26, 2016