New York’s Top
New York School Accident Lawyer
With a 30 year history of beating the largest defense firms.
Injured in an Accident? We Can Help. Call for a Free Consultation. 24/7
212-808-8092Injured in an Accident? We Can Help. Call for a Free Consultation. 24/7
212-808-8092
If your child was injured as a result of being assaulted, bullied, or injured at a school in New York, call us for a free consultation to speak with a trusted New York school accident lawyer.
The Law Office of Brett J. Nomberg, PLLC, is a highly-rated New York school accident law firm that has been successfully helping injured students for over 30 years. We treat clients like family. Right from the start, we work to make you feel at ease with caring and compassionate legal support. Check out our five-star Google reviews by actual former clients.
“I knew from the first time I met Brett we were in great hands….I have never met a lawyer who puts his clients first like him…so respectful, responsible, and dedicated to their clients who they treat more like family.”
– Preeta L., Former Client
Our 5-star Google rating is a testament to our hard work and commitment to client satisfaction. * You can always easily reach your attorney to ask questions about the case at any time. Our compassion and aggressiveness in court are why we continue to obtain fair awards for our clients.
* Client testimonials reflect individual experiences and do not guarantee a similar outcome.
Brett Nomberg Law offers free consultations with no attorney fee unless you win. If you were injured due to someone else’s negligence, the Top New York Personal Injury Attorney is ready to hear your story. Call anytime — 24 hours a day, 7 days a week.
Mr. Nomberg has taken to verdict or settled each of the cases below, which represent only a handful of our successes:
**Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.
There are generally five (5) ways in New York that a school may be legally responsible for the injuries suffered by a student in their care and custody.
If your child was caused to suffer injuries for any of these reasons, you should immediately contact us to help protect the rights of your family.
Like any property owner, a school has a duty to maintain its property in a reasonably safe condition. If a child is injured because of some dangerous condition, whether inside the classroom, the hallway, or the playground, the school may be legally responsible for any subsequent injuries.
It must be proven that the school either created the dangerous condition, knew about the dangerous condition early enough to have fixed it, or should have known about the unsafe condition had they conducted reasonable inspections.
Snow and ice can also be dangerous conditions. A failure to clear snow and ice on the school grounds can subject a school to legal responsibility if a child slips and falls sustaining physical injuries.
A school also has a separate duty to properly supervise the students under its care. One example could be if students were permitted to run around in the hallways without any teachers or administrators stopping this conduct, it could be reasonably foreseeable that a child may sustain an injury under these circumstances.
A school may be responsible for lack of proper supervision by its staff if one student assaulted another or was repeatedly subjected to bullying by another student. To be legally responsible, the school will need to have some reason to have known about the propensity of this student to cause harm to another student, with opportunity to have prevented this occurrence.
The standard of care for negligent supervision is that of a reasonably prudent parent. In other words, if the average reasonable parent under the same circumstances would have known that the supervision was inadequate, the staff at the school should have known this as well.
When a school district owns its buses and employs its drivers, it can be held legally responsible for a driver’s negligence under the principle that an employer answers for its employees’ conduct on the job. So if a bus driver fails to obey the traffic laws or to drive with reasonable care and negligently causes an accident that injures a student, the district may be liable for those injuries.
Many New York districts, however, contract their transportation out to private bus companies. In that situation, the bus company and its driver are usually the parties responsible for a driver’s negligence, though the district can still face liability where its own negligence contributed, such as continuing to use a company or driver it knew to be unsafe.
A school’s responsibility also extends beyond the ride itself. It has a duty to discharge students in a reasonably safe manner, taking extra care with younger children, so that a child is not left in a dangerous situation when getting off the bus.
If the school had reason to believe one of their teachers was causing harm to another student and failed to stop that action, the school may also be responsible for negligent supervision of their own staff. This can involve, for example, a gym teacher who the school knew or should have known had a history of inappropriately touching students. The school is responsible for not only making sure their students are properly supervised, but also that their staff is properly supervised.
If the school negligently hired a teacher, knowing they were not qualified to properly supervise the students, a student injured from that teacher’s misconduct or negligence may result in responsibility against the school. Normally, if a teacher struck a student, that would not be considered conduct within the scope of the teacher’s job duties, and the school may not be legally responsible for that assault.
However, if the School knew or should have known when they first hired this teacher that there was a history of physical violence, then this may demonstrate negligent hiring and foreseeable conduct to support a claim against the school.
Brett Nomberg personally handles every single case from trial through appeals. Speak directly to your lawyer—even on weekends. No attorney fee unless we win.
If your child was injured at School and you believe the School was at fault, give us a call as soon as possible. Photographs, videos and witness statements are valuable and necessary evidence to help prove your case. Evidence can disappear or be destroyed if not preserved.
Further, a public school district is a governmental entity and claims against it are subject to special pre-suit requirements. Before a tort lawsuit can be brought, the injured party must serve a formal document called a Notice of Claim, which has strict rules governing its content, how it is served, who must be served, and when it must be served. For school districts, these requirements come from Education Law § 3813 together with General Municipal Law § 50-E.
A Notice of Claim generally must be served within 90 days after the claim arises, measured from the date of the incident, not the date the injury is discovered or an attorney is retained. Serving it is a condition precedent: a tort action against the district cannot be maintained unless a notice of claim has first been served.
Because the 90-day clock is short and runs from the date of the incident, anyone whose child is injured at school needs to take immediate action.
According to one historical study, 2.82 out of every 100 students sustain an injury at school each year that requires medical attention or days off from school in the United States. Some of these injuries are caused by negligence on the part of the school or school district. When that’s the case, you can hire a school accident lawyer to help you file a claim against the liable party.
Your lawyer can handle the details of your case, from filing paperwork to gathering evidence and negotiating with insurance companies. Letting your lawyer manage the legal aspects of the incident will give you more time and energy to focus on supporting your child during a difficult time.
The team here at the Law Office of Brett J. Nomberg, PLLC, has a practice and reputation of providing personalized, hands-on care to clients, and especially injured children and their parents. You can trust us to have your child’s best interests at heart and will take care of your child’s case with the seriousness and professionalism that it deserves.
If a student gets hit by a car on school grounds in the Empire State, the exact legal and financial consequences depend on who is at fault and the school’s operating status. If the school failed to maintain safe crosswalks, enforce parking lot speed limits, or properly supervise the grounds, the school could be found liable. If the driver was violating traffic laws, speeding, distracted, or otherwise negligent, they will also be responsible.
If a child has an accident at school and sustains a serious injury, you should take immediate action to protect your child’s claim. This may include documenting the cause of the accident and seeking medical attention. You should also contact a New York school accident attorney for a free consultation to discuss and be advised about your legal options.
The typical amount of pain and suffering for a school accident varies on a case-by-case basis. The damages awarded for pain and suffering may be lower for mild injuries that heal quickly compared to severe bodily harm that causes a lasting disability or dysfunction. You can get a better understanding by contacting and scheduling a free consultation with a school accident lawyer.
If someone assaults your child at school you may be able to hold both the person who struck your child and the school supervising them accountable. This will involve filing a Notice of Claim within 90 days of the accident to protect their rights to file a civil lawsuit.
Brett Nomberg has a 30-year history of helping children injured at a school, including when:
If you’re looking for a New York school accident lawyer to help with your case, you can trust the Law Office of Brett J. Nomberg, PLLC. With over 30 years of experience, we have what it takes to help parents hold their children’s New York schools accountable for injuries that occur on their properties. Contact us to schedule an initial consultation regarding your school accident case today.
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New York, NY 10016
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