Legal Question in Education Law in New York

school negligence

My daughter asked the school nurse for an ice pack for her sore knee. The nurse referred her to the front office for one- as she was out of ice packs and was leaving the school for a doctor's appointment. The clerk handed my 17 year old daughter a reusable gel ice pack from the freezer in a plastic bag and sent my daughter to class. My daughter had to find paper towels to wrap it with. SHe kept it on 15 minutes and when she removed it gell was on her knee and hand and her knee was severely reddened. As it turns out she has 2nd degree frostbite and the doctors think chemical burns. She has not been able to practice varsity Lacrosse since the incident. It blistered and the doctors say it will leave a scar. Is this negligence?


Asked on 3/23/09, 9:20 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: school negligence

This is both a propbable act of negligence on the school's part, and a potential product liability case against the manufacturer of the gel pack.

Be aware that there is a notice of claim requirement that requires the municipalality or school district to be served with a notice of claim within 90 days of the accident, but on no account more than 1 year and 90 days after, even for a child. Act quickly on this. If you can, save the gel pack and its contents.

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Answered on 3/23/09, 11:56 pm


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