Legal Question in Personal Injury in New York

My 13yr old son fell during basketball practice and broke his wrist. Can I sue the school/teacher for my son's injury? I was not notified by the school of his accident.


Asked on 3/25/10, 9:34 am

3 Answers from Attorneys

Jeffrey Donato Jeffrey M. Donato, Esq., P.L.L.C.

I am so sorry to hear about your son's injury. Can't say I'm surprise that you haven't heard from your son's school about the accident.

Basically, whether or not there is liability on the part of the school will determine whether or not your son will be able to recover. In the normal course, liability in cases involving sport's injuries are difficult. The facts are very important. it is also important to realize that whenever you deal with a NYC or NYS entity, the entity must be put on written notice of the possible claim within 90 days in a manner set out by statute. If you would like to discuss this matter, I handle all sorts of personal injury claims throughout NYC (all 5 boroughs) and Long Island.

No matter what, you should contact an attorney ASAP to ensure that you comply with the required law. Good luck.

Jeff Donato (631) 244-1484 (Office)/ (631) 978-1067 (Cell)

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Answered on 3/30/10, 9:47 am

I am very sorry to hear about your son's injury. Everything Mr. Donato has written above is 100% correct. Liability in athletic endeavors is very fact specific and will usually involve a claim for negligent supervision. Our office has handled thousands of personal injury claims including many cases where the theory of recovery was based on negligent supervision.

If the case involves the Department of Education or the City or State of New York it is imperative that you provide the appropriate entity with written notice of a claim within 90 days after the occurrence of the accident. You should contact an attorney you can assist you with this matter promptly.

Our office wishes you and your son the best of luck.

Matthew A. Schroeder (212) 532-1200 (Office)/ (917) 371-4260 (cell)

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Answered on 3/30/10, 10:13 am

Possibly. Would depend on whether the accident involved an ordinary risk inherent in the game of basketball, or whether there was some lack of supervision, or other fault on the part of the school. Discuss with a lawyer. Best, MEZ

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Answered on 3/30/10, 10:57 am


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