QUESTION
Can my child school be held accountable?
Asked on Oct 30th, 2019 on Personal Injury - New York
More details to this question:
My daughter was assaulted on 10-25 at her high school while in class. One girl was talking to my daughter and then another started hitting her. They even recorded and put it on social Media. The teacher did absolutely nothing. Eventually the security came and broke the fight. My daughter has a minor concussion. The girl was pushing her head against the wall and choking her. The school suspended the girl maybe 2 days. I filed a police report and they told me the school would have to take care of it. I don’t feel my daughter is safe around such a vicious person. Is there anything that can be done?
1 ANSWER
Automobile Accidents Attorney serving New York, NY
Partner at
Kramer, Dunleavy & Ratchik, PLLC
4 Awards
So sorry to hear what happened to your daughter. Schools have a duty to provide adequate supervision of the students in their custody. Whether the school would be responsible for what happened to your daughter depends on a lot of factors, such as whether the assault was foreseeable, whether it should have anticipated that this other student would attack your daughter and whether closer supervision would have prevented it. Keep in mind that before you can file a lawsuit against the school you must file a notice of claim against the school / municipality within 90 days of the occurrence. If this is something you intend to pursue you should contact an experienced personal injury attorney immediately.
Best regards,
Jonathan R. Ratchik, Esq.
Kramer, Dunleavy & Ratchik, PLLC
61 Broadway, Suite 2220
New York, NY 10006
(212) 226-6662
Answered on Nov 04th, 2019 at 3:19 PM