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Category: Premises Liability

Injured in an accident? We can help. From car accidents, workers’ comp claims, construction accidents to medical malpractice and police misconduct, we have you covered. Check out our blog for helpful tips and examples of claims, including many related to premises liability.

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Can You Sue When You Fall Through An Unprotected Opening

Have you ever tripped or fallen into an unprotected opening in a sidewalk or other public place?

It’s more common than you’d think, and often, it can result in severe injuries.

In many situations, the law holds property owners responsible for maintaining their premises to prevent such accidents.

But do you know when and how you could sue if this unfortunate incident happened to you?

Is It Possible To File a Lawsuit if You Fall through an Unguarded Opening?

Yes, you can sue if you’ve taken a fall due to someone else’s negligence. However, the liability for a hazardous condition on a public sidewalk will vary depending on the laws in your state and even the property owner’s deed. The local municipality would be held accountable for the slip and fall if the municipality was careless and that negligence directly contributed to the accident.

Cases like these are categorized under premises liability. Premises liability typically comes into play in personal injury cases where some type of unsafe condition caused the injury on someone’s property. The law holds property owners and residents responsible for accidents and common injuries that occur on their property.

Factors Influencing Liability

Determining who’s at fault often hinges on various factors, such as the condition of the area in question and if negligence played a role. For instance, if you have an accident where you fall into an unprotected opening within the sidewalk or public place, it could be due to a dangerous condition not being properly addressed by the property owner. In such instances, you can file a personal injury case to get the compensation for your damages or injuries.

However, it’s important to remember that every situation is unique, and several elements influence whether or not you have grounds for legal action.

Here are three key factors that could impact your potential lawsuit:

  1. Proof of Negligence: To successfully sue the property owner, you must prove they were negligent – this means showing that they knew (or should’ve known) about the dangerous or unsafe condition but failed to rectify it.
  2. Direct Cause: The accident must be directly caused by the hazardous situation – in other words, falling into an unprotected hole because you were distracted will likely weaken your claim.
  3. The Extent of Damages: The amount of monetary compensation depends largely on how severe your injuries are and what kind of medical expenses, lost wages, or other financial losses result from them.

It’s always best to consult with a personal injury lawyer who can help assess these factors and guide you through potentially complex legal proceedings.

Property Owner’s Duty of Care

It’s crucial to understand that property owners aren’t off the hook just because they’re not on-site; they bear a significant duty of care towards anyone who steps onto their premises. This responsibility extends to maintaining public sidewalks that border their properties.

For example, if you stumble and fall because of an unprotected opening or uneven sidewalk that the adjacent property owner hasn’t repaired, you may have grounds to sue. A property owner’s duty of care is built around the idea that those who own land or buildings should ensure these areas are safe for individuals walking on or visiting their premises.

On another note, suppose there’s a broken sidewalk in front of a business establishment, and efforts have yet to be made to either fix it or warn pedestrians about its dangerous condition. If you trip over this broken area and sustain injuries, then under most circumstances, you can file a lawsuit against the business owner for negligence. They failed in their duty of care by not taking reasonable steps to prevent such accidents from happening.

However, keep in mind that local laws vary regarding these matters, so it’s always beneficial to seek legal advice specific to your situation.

Establishing Negligence

Before you can successfully pursue a personal injury claim, you need to establish negligence. This means proving that the property owner knew or should’ve known about the hazardous condition but didn’t do anything to fix it. If your injuries were caused by an unsafe working condition the owner failed to address, they could be held liable.

To strengthen your case, it’s crucial to provide evidence, such as photographs of the dangerous area where you fell or eyewitness testimonies of those who saw the accident. Hiring an experienced attorney will also help establish negligence as they have vast knowledge in dealing with such issues.

Remember, every situation is unique, and what worked for one may not necessarily work for another. However, gathering solid evidence and having an expert by your side increases your chances of winning your personal injury claim.

Pursuing Legal Action

Ready to take the next step and seek justice for your injuries? Pursuing legal action after a slip-and-fall accident can seem daunting, but remember, you have rights as an injured party. You need to understand that it’s not only about getting compensation for your medical bills; it’s also about making sure such incidents are prevented in the future. So, don’t be afraid or feel guilty about taking this action.

  1. Consult an Attorney: This is crucial when initiating a personal injury claim. An experienced lawyer will help you through the legal process and fight on your behalf.
  2. Gather Evidence: Documenting everything related to your accident is vital – photographs of the scene, witness testimonials, and medical reports. The more evidence you have, the stronger your case will be.
  3. File Your Compensation Claim: Your attorney will help you file a lawsuit against those responsible for maintaining the unsafe property where you fell.
  4. Negotiate Settlement or Go To Trial: Depending on how strong your case is and how willing the other party is to settle, this could lead to negotiations for a settlement or going to trial.

Remember: As an accident victim, pursuing legal action isn’t just about seeking justice but also about ensuring similar accidents don’t happen in the future due to negligence or careless maintenance practices.

Navigate the Legal Process with Daniella Levi & Associates

Navigating the legal process can be tricky, but don’t let that deter you from pursuing your personal injury claim. If you’ve suffered an injury after falling into an unprotected opening, you have the right to sue those responsible.

At Daniella Levi & Associates, we will guide you through all of the legal procedures to ensure you receive justice and compensation for your slip-and-fall ordeal.

As experienced construction accident attorneys, we’re well-versed in dealing with personal injury cases. Especially those resulting from accidents due to unprotected openings within sidewalks or public places.

We understand how devastating such incidents can be for accident victims. That’s why we commit ourselves fully to ensuring you receive the compensation you deserve.

We’ll assist in gathering evidence demonstrating negligence by property owners or managers who failed to uphold safety procedures leading to these unsafe working conditions.

Our seasoned team will build a strong case presenting clear proof that your injuries directly resulted from this negligence. With our experience and legal acumen by your side, rest assured that we’ll fight tirelessly for your rights and won’t settle until justice is served in your favor.

Why You Should Work with a Personal Injury Attorney

Navigating the complex world of personal injury law isn’t something you’re expected to tackle alone – you’ll need an experienced lawyer.

Particularly in cases where you must sue due to an accident caused by an unprotected opening in public places, a personal injury attorney becomes indispensable. They have the knowledge and skills to help you navigate intricate legal proceedings, ensuring your rights are upheld and helping you secure appropriate compensation for your injury claim.

Here are some of the benefits of working with a personal injury attorney:

  1. Expertise: Personal injury attorneys understand the ins and outs of tort law, including tricky situations like accidents involving unprotected openings.
  2. Negotiation Skills: When dealing with insurance companies or other parties involved in your case, a skilled personal injury attorney is armed with negotiation tactics that ensure fair compensation.
  3. Legal Representation: If your case goes to trial, having an experienced lawyer by your side ensures professional representation in court.
  4. Peace of Mind: The aftermath of an accident can be stressful enough without adding legal complexities into the mix. Having someone knowledgeable handle your case allows you to focus on recovery. At the same time, they take care of all the legalities associated with filing and pursuing an injury claim.

In conclusion, hiring a personal injury attorney when planning to sue after falling through an unprotected opening within sidewalks or other public places increases your chances of getting justice and the fair compensation you deserve.

Don’t navigate this complex process alone; let Daniella Levi & Associates help. Working with a personal injury attorney provides benefits like expert guidance and increased chances of success.

So, schedule an appointment by calling (718) 380-7440 or visit our website today.

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You Fell On A Public Staircase Without A Handrail

In Queens, You Fell On A Public Staircase Without A Handrail. Who is Liable, and Do You Have A Case?

Queens is a city full of subways and high-rise buildings. So you can imagine the plethora of staircases one might encounter in a city that big. Such a busy city is bound to have structural deficiencies, such as missing handrails in the stairwell. If you fell on a staircase without a handrail in Queens and suffered injuries, you may have a legal case against the property owner or manager. However, to have a successful claim, you must establish that the property owner or manager was negligent in maintaining the staircase and that this negligence caused your injuries. This blog post will explore the legal concepts of negligence and premises liability to determine who may be responsible for your damages and the potential lawsuit outcome.

What Is Negligence?

Negligence is a legal concept that refers to the failure of an individual or entity to exercise reasonable care and caution, resulting in harm to another person. For example, in the context of a fall on a public staircase without a handrail, negligence could be established if it can be shown that the property owner or manager knew or should have known about the dangerous condition of the staircase and failed to take steps to address it.

Premise Liability

Premises liability in Queens is negligence that applies to property owners and managers. It holds them responsible for maintaining a safe environment for visitors, including ensuring that the property is free of hazards that could cause injury. For example, in the case of a public staircase without a handrail, the property owner or manager may be held liable for your damages if it can be shown that they knew or should have known about the lack of a handrail and failed to take steps to address it.

Who is Liable?

If the fall was caused by the property owner’s or manager’s negligence, you might have grounds for a personal injury claim. However, it is always best to consult a personal injury lawyer to understand your rights and options. To build a strong case, you will need to gather evidence to support your claim. This can include photos or videos of the staircase, witness statements, and any documentation of your injuries, such as medical records or bills. You should also keep track of any costs associated with your injuries, such as medical expenses or lost wages.

In some cases, other parties may also be liable for an accident on a staircase in a public building. For example, the architect or contractor who designed or built the staircase may be liable if the staircase was not adequately designed or constructed. Similarly, the company or individual responsible for maintenance may be liable if the staircase was not properly maintained or repaired.

Statute of Limitations

It’s also important to know the statute of limitations for personal injury cases in New York City. In New York, you must file a lawsuit three years from the accident date. If you wait longer than this, you may be allowed to bring a claim.

Suppose you can establish negligence and prove that your injuries were caused by the property owner or manager’s failure to provide a safe environment. In that case, you may be entitled to compensation for your injuries and related expenses, such as medical bills and lost wages. If you have a case, it’s a good idea to speak with an experienced personal injury attorney in New York City. An attorney can review the details of your case and advise you on the best course of action. They can also help you gather the necessary evidence and build a strong case on your behalf.

In conclusion, whether you have a case or not will depend on the evidence you can provide to show that the property owner or manager knew or should have known about the dangerous condition of the staircase and failed to take steps to address it. If you can establish negligence and prove that the lack of a handrail caused your injuries, you may be entitled to compensation for your injuries and any related expenses. It’s important to consult a personal injury attorney to help you navigate the legal process and determine the best course of action.

About Daniella Levi & Associates P.C.

After a serious accident, many people desperately need the financial support that comes from a successful result of their injury claim. To ensure you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.

We strongly believe in upholding accident victims’ rights at Daniella Levi & Associates, P.C., headquartered in New York City. We are dedicated advocates for our clients, fighting and using every available resource to obtain the compensation they deserve.

Most accident attorneys know the law, and many have a fair amount of experience. While both of these characteristics are important in a lawyer, they constitute only a part of what it takes to ensure a good experience.

At our law firm, we provide personal attention from a team of dedicated professionals, aggressive advocacy, open communication and caring guidance. We know how stressful it can be to seek legal advice while facing severe physical and financial challenges. We do what it takes to carry the burden for you.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

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What is the Difference Between Premises Liability and Personal Liability?

What is the Difference Between Premises Liability and Personal Liability in NYC?

When you experience injury away from home, it can be confusing to understand the difference between premises and personal liability when filing a claim and pursuing compensation.  Each case, put, depends upon who was responsible for the accident.

Premises liability pertains to injuries or damages which occur on another person’s property or business due to unsafe conditions.  There is an implicit premise in the law that states that property owners, managers, or occupiers must “exercise ordinary care in keeping the premises and approaches safe.”  Failure to do so, resulting in the injury of another, is the responsibility of that same owner, manager, or occupier, leaving them responsible for the expenses relative to the injury.

Premises liability accidents often occur at locations including:

  • Retail stores
  • Grocery stores
  • Shopping malls
  • Big box stores
  • Restaurants
  • Sports venues
  • Private residences

Premises liability claims frequently result from slips and fall on wet floors, wrinkled carpets, cracked sidewalks or pitted parking lots, cluttered walkways, or negligence.  If, for example, you slipped and fell due to water on the floor in the produce department at your local grocery store, any injuries you may suffer are the responsibility of the store due to the store and their employees’ negligence.

It is important to note that property owners and businesses are not always responsible for accidents.  Property owners and employees must be careful to maintain an implied duty of care or they may be held liable for damages due to:

  • Spills, breakages, outages, and hazards on their property
  • Dangerous conditions and endangering situations left unrepaired beyond a reasonable amount of time
  • A failure to post adequate signage warning patrons, customers, and the public at large for perilous conditions under construction or repair
  • A complete lack of due diligence to avoid accidents or damage to others

By contrast, personal liability claims refer to the actions of an individual and pertain to a personal fault.  Whenever someone personally does something negligent that causes harm to another person, the result is a personal liability claim.  This is not to say it is relative to one individual, per se; a person, company, or government agency could be at fault for a personal liability injury.

Additionally, personal liability occurs when someone else’s possession(s) is harmed by the action(s) of another.  For example, to avoid colliding with a bicyclist on the sidewalk, you collide instead with a picket fence, knocking a few pickets out of place.  Although unintentional, you are personally liable to the homeowner for the damage to their fence.

The establishment of both of these forms of liability can be tricky.  Each individual is responsible for exercising carefulness.  Even so, accidents do happen.  When they do, having proper legal representation is vital to a successful compensatory outcome.  In New York, you need to look no further than Daniella Levi & Associates, P.C.

If you were injured, you would likely experience personal and financial losses like:

  • Property damage
  • Medical Bills
  • Medication and after-care services
  • Loss of income & earning ability
  • Diminished enjoyment of life
  • Pain & Suffering

Parsing out whose actions caused your injuries and losses can be lengthy, costly, and extremely confusing.  Insurance companies and fault are murky waters to navigate on your own.

In New York, you can gain clarity and a timely settlement with the help of the legal experts at Daniella Levi & Associates, P.C.

Our qualified staff will provide you with the expertise and experience necessary to establish your case, the circumstances surrounding it successfully, and a winning outcome encompassing all elements of your claim with consideration for now and in your future.  We specialize in both premises and personal injury, and we are prepared to stay the course to win you the compensation you deserve.  Call us today for a free, in-person consultation.

About Daniella Levi & Associates P.C.

After a serious accident, many people desperately need the financial support that comes from a successful result of their injury claim. To ensure you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.

We strongly believe in upholding accident victims’ rights at Daniella Levi & Associates, P.C., headquartered in New York City. We are dedicated advocates for our clients, fighting and using every available resource to obtain the compensation they deserve.

Most accident attorneys know the law, and many have a fair amount of experience. While both of these characteristics are important in a lawyer, they constitute only a part of what it takes to ensure a good experience.

At our law firm, we provide personal attention from a team of dedicated professionals, aggressive advocacy, open communication and caring guidance. We know how stressful it can be to seek legal advice while facing severe physical and financial challenges. We do what it takes to carry the burden for you.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

assaulted at a bar

Assaulted at a Local Bar: Do I Have A Case?

I Was Assaulted at a Local Bar in Queens. Who’s Responsible?

If you have been a victim of an assault in a bar, it is important to take immediate steps to protect yourself and your legal rights. Here are some key things to keep in mind if you find yourself in this unfortunate situation

  1. Seek immediate medical attention. Even if you do not think that you were seriously injured, it is important to be checked out by a doctor. Not only will this ensure that you receive the appropriate medical care, but it will also create a record of your injuries, which can be important evidence in a later legal claim.
  2. Report the incident to the police. This will ensure that an official record is created of the incident, and it will also help to preserve any evidence that may be relevant to your case.
  3. Gather evidence. If possible, take photos of your injuries (and if you injured a body part that is not your face, have the photo include your face as well as a time stamp of date and time); try to get contact information of any potential witnesses who saw the assault. This will be important in building a case against the perpetrator and the establishment.
  4. Consult with an experienced personal injury attorney. An experienced attorney can advise you on your legal rights and options, and help you navigate the complex legal process.
  5. File a lawsuit, If the bat where the assault occurred had insufficient security, and/or continued to serve alcohol to visibly intoxicated patrons, you may have a case for negligence against the establishment.

It is important to note that these cases can be complex and difficult to prove, so it is crucial to work with an experienced personal injury lawyer who can help you build a strong case and find either insurance coverage or assets to cover your loss.

In general negligence claims require a showing that the defendant had a legal duty to protect the plaintiff from harm, that the defendant breached that duty by failing to take reasonable care, and that the plaintiff was injured as a result. In a case of a bar for example that either did not have sufficient security and/or continued to serve alcohol to visibly intoxicated patrons, proof of that may be enough to prove breach of the legal duty of care.

Additionally, it is important to note that many states have laws that protect establishments from liability for harm caused by intoxicated patrons in their establishment. However, those laws, don’t protect the establishment when they fail to exercise reasonable care and continue to serve alcohol to patrons who are visibly drunk and/ or have insufficient security.

If you or a loved one have been a victim of an assault in a bar, it is important to take immediate steps to protect your legal rights. An experienced personal injury attorney can help you navigate the legal process and pursue the compensation you deserve.

It is also crucial to understand the statute of limitations that apply to assault cases vs. negligence cases, as those may impact your ability to bring a claim.

In conclusion, if you or your loved one have been a victim of an assault in a bar where there was insufficient security and/or where alcohol was served to visibly intoxicated patrons, it is important to take immediate steps to protect your legal rights. This includes seeking medical attention, reporting the incident to the police, gathering evidence, consulting with an experienced personal injury attorney and filing a law suit where appropriate. With the right legal representation you may be able to recover compensation for your injuries and hold the negligent party accountable. Call the experienced attorneys at Daniella Levi & Associates PC at 718-380-1010 for a free consultation

About Daniella Levi & Associates P.C.

After a serious accident, many people desperately need the financial support that comes from a successful result of their injury claim. To ensure you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.

We strongly believe in upholding accident victims’ rights at Daniella Levi & Associates, P.C., headquartered in New York City. We are dedicated advocates for our clients, fighting, and using every available resource, to obtain the compensation they deserve.

Most accident attorneys know the law, and many have a fair amount of experience. While both of these characteristics are important in a lawyer, they constitute only a part of what it takes to ensure a good experience.

At our law firm, we provide personal attention from a team of dedicated professionals, aggressive advocacy, open communication and caring guidance. We know how stressful it can be to seek legal advice while facing severe physical and financial challenges. We do what it takes to carry the burden for you.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

i was injured at an outdoor marke in queens

I Was Injured at an Outdoor Market

I Was Injured at an Outdoor Market in Queens. Who’s Responsible?

Crisp air, sunny weather, bustling shoppers and vendors – sounds lovely.  What could go wrong?  Farmers markets, swap meets, and outdoor bazaars are fun and fanciful places to venture, but if you are injured while attending one, who is responsible for your injuries?

Often markets of this kind are in out-of-the-ordinary locations; fields, parking lots, and areas of uneven ground.  Trips and stumbles from sidewalk cracks, rough pavement or dirt, wet grass or pavement, mud, baskets, boxes, dog leashes, or spilled food or drinks can contribute to an unexpected visit to the hospital.  Breezy days can bring rogue wind gusts, picking up tents and awnings and creating dangerous flying threats to public safety.  If this should happen to you, knowing what to do in the chaotic moments following your accident can make all the difference in the outcome of your unfortunate incident.

Market organizers make every effort to anticipate inadvertent hazards and ensure the safety of vendors and visitors alike.  Despite their best efforts, accidents still happen.  These accidents can add to severe expenses, including personal injuries or property damage.  For this reason, most markets require individual liability insurance proof from each participating vendor, or they must sign a liability waiver indemnifying the property owner should anything outside their control occur during the market.  But what if you’re a visitor to the market?  Knowing who to call for clarity and representation may decide between personal loss and full compensation.

Did the vendor properly tie down and tether their space coverings?  Were the tables and displays arranged haphazardly, contributing to your unfortunate encounter?  Was there signage to indicate a possible trip-and-fall could be a risk?  Was weather a factor in your mishap?  Was there a mess that was not correctly cleaned up and left to create a dangerous situation?

If you or anyone in your party are injured while attending an outdoor market, take photos of the immediate area where the accident occurred.  Ask those in the area for their names and phone numbers so that you may reach out to them once you’ve adequately received attention for your injuries.  If possible, seek out the organizers or management of the market and gather their information for future reference.  Call 911 if the incident warrants it, and give a complete history of what happened to your first responders.  Then call the premise injury legal team at Daniella Levi & Associates, P.C.  We are uniquely qualified to parse out the details of confusing accidents such as this, where neck, back, head, knee, shoulder, or hip injuries may take days to weeks to develop, and even longer to resolve.  We will help you assess your eligibility for a personal injury claim and be sure that you receive the personal attention, medical care, pain and suffering, legal representation, and compensation you deserve.  Establishing liability in these circumstances can be complicated; the type and amount of compensation that you could be entitled to receive will depend on very specific details.

At Daniella Levi & Associates, P.C., we take the time to review each case’s details carefully.  We want to determine who is responsible for your injuries and any losses you may have incurred.  Call today to speak with an experienced attorney.

About Daniella Levi & Associates P.C.

After a serious accident, many people desperately need the financial support that comes from a successful result of their injury claim. To ensure you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.

We strongly believe in upholding accident victims’ rights at Daniella Levi & Associates, P.C., headquartered in New York City. We are dedicated advocates for our clients, fighting, and using every available resource, to obtain the compensation they deserve.

Most accident attorneys know the law, and many have a fair amount of experience. While both of these characteristics are important in a lawyer, they constitute only a part of what it takes to ensure a good experience.

At our law firm, we provide personal attention from a team of dedicated professionals, aggressive advocacy, open communication and caring guidance. We know how stressful it can be to seek legal advice while facing severe physical and financial challenges. We do what it takes to carry the burden for you.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

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My Child Was Hurt at School. Is the School Liable?

My Child Was Hurt at School. Is the School Liable For Injuries?

School is back in session… homework, early mornings, after-school programs, rush, rush, rush!  So many things to do, remember and attend.  Children, children, everywhere!  With all of the frenzy each day, no parent anticipates unforeseen peril for their child when sending them to school, but as they say, accidents happen.

Children can encounter unexpected mishaps at school in a variety of ways. The most common causes of injuries at school include:

Playground Misadventures

Emergency rooms see more than 200,000 children injured on the playground yearly, with nearly 10% of those injuries resulting in traumatic brain injuries.  Falls while playing on slides, swings, play structures, and jungle gym equipment account for a great deal of the cuts and contusions, scrapes, sprains, broken bones, and head traumas seen during these visits.

Sports-Related Injury

Whether occurring in P.E. class, the gym, or extracurricular sporting events, sports-related injuries in children 14 or younger approach 3.5 million in this country each year, with another 2 million occurring at the high school level.  Contact sports like football, rugby, field hockey, and soccer contribute to more than 20% of traumatic brain injuries reported. At the same time, baseball and softball account for the alarming increase in shoulder and elbow injuries in both boys and girls.  While proper protective gear is necessary, not every accident can be anticipated or avoided.

Hazardous Grounds Conditions

School grounds maintenance is a full-time job whether the school is in session.  Slippery steps, leaky water fountains or restroom facilities, over-used desks, sidewalk cracks or loose carpeting or tile, unsafe food-handling procedures in the lunchroom, worn, weakened playground equipment – cafeteria, janitorial, and maintenance staff cannot anticipate every potential hazard before injury occurs.  While fire drills are routinely scheduled for the safety of all students and staff onsite, other such routine upkeep and allowances can be elusive.  As a consequence, unforeseen accidents happen.  Whether a repercussion of oversight or negligence, your child’s school failed to meet a reasonable standard of care and may, therefore, be responsible for your child’s injuries.

Interpersonal Conflict or Bullying

As a parent, one of the most frightening aspects of your child suffering an injury at school is the risk of interpersonal violence with another student.  Sadly, bullying has always been one of the biggest risks among children.  While a spontaneous outburst can lead to physical confrontation, bullying may take many non-physical forms as well, affecting a child psychologically and emotionally.  Bullying has been defined as “any written, physical, or verbal threat that impedes another student’s right to a safe school environment.”*  If a child feels threatened or unsafe at school, the emotional, mental, or physical effects upon their daily performance cannot be overlooked.  Conditions such as these make it impossible for students to benefit from or participate in simple school activities, learning, or other standard scholastic programs and services.

Has your child been harmed or injured while at school?  You may have legal grounds for recourse.  Having a personal injury attorney on your side can help you discern what your child’s rights are and where you go from here.

Establishing your child’s school’s duty of care toward your family and all of the school’s student body is critical in determining whether or not there has been a breach in their providing a safe environment for all students – and your child, in particular.  Failure to provide a secure facility, appropriate staff supervision, or sound building or equipment conditions is negligence.  While not every situation may be anticipated or avoided, due diligence must be consistent in standard operating procedures for a school to avoid a negligence claim and liability for failures in their duty of care.

Cases involving injuries to school children are complex.  If you believe your child has been harmed or injured. At the same time, at school, call Daniella Levi & Associates, P.C.  We are uniquely qualified and experienced in establishing the context and evidence necessary to litigate the intricacies involving school injury liability.  If other children were involved, our legal team would work to pursue the appropriate parental/guardian responsible party(s) and see that your child is comprehensively compensated for their child’s actions.

Public vs. Private Institutions

Public schools and employees are generally considered government employees and can be legally held accountable. However, the time frame to commence such actions is limited.

By contrast, private schools are legally held accountable like any other private entity where liability is concerned.  As such, a private school can generally be held legally responsible for negligence and other offenses in a court of law, with most cases being settled with the school’s insurance provider.  In either case, there may be different standards and statutes of limitations for filing a lawsuit.

If your child has been injured at school, first and foremost, seek medical care as needed.  Request that the school document the injury and demand a copy of the incident report.  Notify your child’s school district office directly.  If the injury resulted from a sport or other school program, request a copy of any waiver form you may have signed about that particular activity.  Take photos of any visible injuries, and request copies of all related bills and records from medical providers, physical therapists, prescriptions, or additional services pertinent to your case.

Finally, make a call to Daniella Levi & Associates, P.C.  Our team of experienced personal injury and accident attorneys can assess your case and help guide you through the legal process to pursue compensation for the physical, emotional, and financial impact of your child’s injury.  We are here to help.

About Daniella Levi & Associates P.C.

After a serious accident, many people are in desperate need of the financial support that comes from a successful result of their injury claim. To ensure you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.

At Daniella Levi & Associates, P.C., headquartered in New York City, we believe strongly in upholding the rights of accident victims. We are dedicated advocates for our clients, fighting, and using every available resource, to obtain the compensation they deserve.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

For all correspondence, please use the Queens office address.

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