Legal Question in Personal Injury in New York

I am very sorry to hear about your son's injury. In slip and fall actions it is necessary to prove that the defendant had notice of or created a defective condition. It appears by what you have written above that the school created the condition where your son fell.

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)

There could be a claim but are there sufficient injuries to make it worth while? A bump is not worth the costs of filing a lawsuit. If a doctor says your son has lasting injuries, then it could be worth it. Be sure the accident is reported to the school. If its a public school, you have to file a Notice of Claim with the appropriate agency. In NYC, its complicated and I always serve it on the City, the Department of Education and the Board of Education. This has to be done within 90 days of the accident. Feel free to call me to discuss. The above is meant for informational purposes only and not as legal advice as there is no attorney-client relationship at this time.

Whether or not your son ends up with lasting medical ramifications from this incident, if there is any question that he may have a long term or significant problem, you should immediately contact a local attorney and file a Notice of Claim on the appropriate municipal entity. If the fall occurred at a private school, the notice of claim is not necessary, but the consult with an attorney still probably makes sense especially since most practitioners in this area of the law offer a free initial consultation. - Jason A. Richman

I very sorry for your son's injuries. It appears that you may have a claim but you have to plead two elements in a slip and fall accident: 1) liability (who is at fault) and whether the school had notice of the dangerous or defective condition and 2) damages (injuries).

In the instant claim, it appears that a bump on the head may not be worth pursuing a claim against the City of New York. However, if there are other injuries a claim may be advisable. The important first step is to get your son to a doctor and do a full work up. Make sure you pay attention to any complaints he has, no matter how slight.

From a legal perspective, if you wish to pursue a claim against New York City make sure you file a Notice of Claim with the city, department of education and the board of education within 90 days of the date of the accident. The statute of limitations in slip and fall claims against the city is shorter than the normal three (3) year statute of limitation as well. Hiring attorneys experienced in municipal law pertaining to slip and fall cases against the City of New York and the Department of Education is critical. If you hire an attorney they will of course file all of the above necessary documents.

If you have any questions you can call me, Pasquale Calcagno, Esq., for a free, no-obligation consultation at 1(800)WE-FIGHT or visit us on the web at www.1800wefight.com. We have experience in municipal law and slip and fall claims against the City of New York. Note that we have convenient locations all over New York and can even have an attorney come to you. No fee to us unless we win your case.

Good luck to you and your son and I look foward to speaking to you.