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?
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.
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
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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