If my son fell down from school steps and was injured due to one kid pushing another, who is liable?
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If my son fell down from school steps and was injured due to one kid pushing another, who is liable?
My son fell down from school steps. What happended was that one kid pushed another kid and that kid pushed my son. Now my son use crutches because his knee is broken. He will need it for 6 weeks and maybe longer time. Can I claim and how can I do it?
Asked on April 18, 2012 under Personal Injury, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You could possibly sue the family of a child who deliberately pushed another (i.e. not someone who was pushed into your son and had no control over his/her own movements), if you can show that the push was done with the intention of causing injury or with an unreasonable disregard for the possible consequences--with "unreasonable" judged by the standards of children of their age. You would not be able to sue a child pushed into yours.
You might be able to sue the school if you can show they were negligent in how they were supervising the children--e.g. there was pushing going on in the line, but the teacher ignored it; or the student who pushed your son has a history of hitting/pushing/etc. but they did not take action to curtail it.
If there is someone you could sue and you win, you could potentially recover unreimbursed or out-of-pocket medical costs; other unreimbursed costs (e.g. taxis, if you're using cabs to send your son to school while he's injured, instead of him walking or taking the bus); lost wages (if you missed work to care for him); and possibly some amount for pain and suffering.
You should consult with a personal injury attorney to evaluate the strength of you case and options.
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