Legal Question in Criminal Law in New York

school responsibility

if a school leaves a storage shed unlocked [full of gasoline and power tools ect.]what is there responsibilty for a student going in there and doing damage or getting hurt?


Asked on 6/20/07, 10:21 am

3 Answers from Attorneys

Re: school responsibility

You do not give enough information to answer. However, unless the child was very very young, the school is probably not liable. If this is a public school, the person would need to file a notice of claim within 90 days of the accident or. If that time has passed, the person would have to make a motion in court to get permission to file a late notice. The motion would have to be made within 1 year and 90 days of the accident, which is the statute of limitations. After that period, a case cannot be brought. If you want to provide me with more details and the nature of the injuries, I would be happy to consider the case. The information provided herein is for informational purposes only and not meant to be legal advise as there is no attorney-client relationship.

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Answered on 6/20/07, 10:30 am
Jeffrey Bloom Law Offices of Jeffrey Bloom

Re: school responsibility

Thank you for you inquiry.

If the student has been charged with a crime, there is usually an element of "intent" that might be affected by the fact that the shed was left open.

If the student got hurt, I believe that the school is likely to have liability for the injury. Personal injury is not my area of specialty, so I cannot give you more precise advice on this part of the question. You should contact a personal injury lawyer right away because there are often very short deadlines for submitting claims against public entities.

Best of luck.

Jeffrey Bloom

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Answered on 6/20/07, 3:35 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: school responsibility

depending on the childs age the school may be held to a heavy duty in protecting the child from the tools... please contact my office to further discuss this case.

You may reach my office directly at 2127098303

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Answered on 6/21/07, 10:09 pm


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