Legal Question in Personal Injury in New York

Re: on school grounds injury

A cipped tooth is not as bad a lost tooth. Losing permanent teeth at his age would be a real hardship. If the tooth is saved, then it's not as bad as it could have been.

But that does not mean the school is not responsible.

It is 100% established that conducting a gym class on a marble floor is irresponsible and negligent. You wrote, "As far as i know the gym floor is marble".

You have an excellant claim, which most attorneys (including me) would handle on a 'contingency basis'.

'Contingency basis' means that you do not pay any legal fees to me. I am only paid if we win, and paid out of the money collected.

While you have 1 year to bring a lawsuit, a document called 'notice of claim' must be sent to the Board of Education within a short period of time indicating that the accident has happened, the details of the accident, the harm to your son, and the fact that you intend to sue.

Within 60 days after that document is received, the City of New York will set up a pre-trial conference pursuant to their new 'diversion program' to discuss settlement. If agreement is established, then a check will be issued within 30 days.

You have an excellant claim and I would be happy to meet with you for a consultation for no fee (and no obligation). I would like an opportunity to represent you in this case.

Re: on school grounds injury

Yes there are many different requirements for flooring. You should consult an attorney because there is a Notice of Claim requirement; it must be filed quickly to protect your son's potential rights.

Re: on school grounds injury

The key to this case, in my opinion, is the type of flooring. I have prevailed in playground cases based upon failure to have shock absorbent flooring. In this case, while shock absorbent flooring might not have been required, there is a huge difference between a gym floor and concrete or marble. I believe you have a strong claim, but a notice of claim must be filed within 90 days of the accident. Please call my office at 201-455-4321 or 800-784-5140. We have offices in Northern NJ and midtown Manhattan. See my website at http://bergenlaw.com/CM/Custom/Custom11.asp for our results.

Re: on school grounds injury

As to the medical bills, the school's insurance policy will likely cover some of the bills regardless of whether the school was negligent. You need to ask if the school has a "med pay" provision. As to your son's negligence claim, the issue is not limited to the type of flooring, but also may depend on how old you son is. Many schools no longer play dodgeball because it is dangerous. I have experts who can render an opinion about whether the school was negligent depending on all the facts of the case. If your son was injured in a public school, you need to file a Notice of Claim within 90 days of the accident so you should meet with a lawyer as soon as possible. I handle these cases on a contigency basis. Feel free to call me at 212-622-7180.