Who is responsible if our child was personally injured at school?
My daughter contracted poison oak which was readily at her reach in her school yard. There is one unreimbursed medical bill from our insurance company and the school has not responded to my request to take care of it. Can I bring a successful course of action against the school?
Answered By: Law Office of Jared Altman
You must file a notice of claim within ninety days. That's step number one. Yes, you should be able to get them to pay the bill.
Answer Applies to: New York
Replied: 9/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 9/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Andrew T. Velonis, P.C.
All property owners, including schools, are responsible for keeping their property in reasonably safe condition. If the school knew or should have known of a hazard and failed to take steps to correct it, even though there was time to do so, then it can be held legally liable for injuries that could foreseeably result. Of course, evidence for all of those factors will be required. In your situation, it would seem that reasonable inspection would disclose a poisonous plant growing there, as such conditions do not develop overnight.
Answer Applies to: New York
Replied: 9/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 9/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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