Legal Question in Personal Injury in New York

personal injury

My child was hit at school by another student with a clublike object resulting in broken bones in his face requiring reconstructive plastic surgery. Is the school liable and/or the childs guardian? Both children are 16 yrs old. Thank you for your time.


Asked on 10/24/08, 2:48 pm

5 Answers from Attorneys

Charles Gueli Law Offices of Charles R. Gueli

Re: personal injury

The school could certainly have some degree of liablity in the form of negligent supervision, but more information is needed. Keep in mind that when suing a school, there are strict time constraints that must be followed. If this is a public school, a Notice of Claim must be filed within 90 days of this incident. Feel free to contact me to discuss this further.

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Answered on 10/24/08, 2:54 pm

Re: personal injury

Maybe. It depends if the other student had prior acts of violence that the school knew about and what they did in response. A second possible theory is the teachers saw a fight starting and failed to intervene. I have handled these cases before and prevailed in the appellate division. Feel free to contact me. If its a public school there is a 90 day notice of claim requirement from the date of the assault.

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Answered on 10/24/08, 3:09 pm

Re: personal injury

Quite possibly, yes. It would depend on the facts. Did the incident occur in a gym or classroom? Was a teacher present? Was it something that happened suddenly or was there some preamble? Was the kid wielding the club a known disciplinary problem? Had there been previous trouble between this kid and your child? Was this known to the school. Many questions that need answering. Best, M. E. Zuller

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Answered on 10/24/08, 5:04 pm

Re: personal injury

Quite possibly, yes. It would depend on the facts. Did the incident occur in a gym or classroom? Was a teacher present? Was it something that happened suddenly or was there some preamble? Was the kid wielding the club a known disciplinary problem? Had there been previous trouble between this kid and your child? Was this known to the school. Many questions that need answering. Best, M. E. Zuller

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Answered on 10/24/08, 5:04 pm
Pasquale Calcagno Calcagno & Associates, PLLC

Re: personal injury

I am very sorry for your childs injuries. I believe you probably have a claim for negligent supervision against the school. However, you have strict and short time constraints for filing notice against the City in cases such as this. Kindly contact me, Pasquale Calcagno, Esq. toll free at 1(800)WE-FIGHT for a free consultation so that we can discuss your next steps. Time is of the essence so do not delay. I have offices in all five boroughs and Suffolk and Nassau county for your convenience. You can also have an attorney come to you if you feel more comfortable. I look forward to speaking to you. You can also visit us on the web at www.1800wefight.com.

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Answered on 10/24/08, 6:42 pm


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