Legal Question in Civil Litigation in New York
child left unattended by school bus
6 year old child who is regularly met by adult guardian (sitter) at bus stop is left unattended on a day when school closed early.
school district subcontracts bussing to local company, school district claims it is their policy that children can be left unattended after kindergarten (child is in 1st grade).
no written policy was issued to parents regarding this. we live on a busy street and were fortunate to get our child back, after child was picked up by a stranger on the street.
looking to see if any legal recourse to leverage school and/or bus company into changing this policy before something bad happens to another child in district under similar circumstances.
Police gave mixed opinion as to whether this is child endangerment on criminal level or a civil case where we'd need an attorney and are asking us to do most of the legwork.
school has been undresponsive as they can't think of any way to change policy that won't cost them money.
1 Answer from Attorneys
Re: child left unattended by school bus
I don't believe the school can be found to have a duty towards the child who is left off by bus driver, and I'm not sure the bus comapny can be held responsible either provided the child is let off at the appropriate spot. I believe this is one area where it is incumbent on the parents to make sure someone is available to pick up child or to make sure the child is met if there is any reason to believe that school might be closing early.
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