There are a variety of circumstances that may result in a child suffering personal injury while attending school.

The Rochester area schools are not required to guarantee the safety of students in all situations and any case involving injury to a child at school must be evaluated on its own merits.

It may be possible, however, to pursue a personal injury claim against a school if the school has violated the standard of care it is required to follow when students are in its custody and control.

Generally, the New York State courts have ruled that a school “owes its students such care as a parent of ordinary prudence would observe in comparable circumstances.”

This standard does not require that the school be perfect when the students are in its care.

Instead, whether the school may be held liable for an injury hinges upon issues such as whether a reasonably prudent parent would have foreseen the possibility of an injury occurring under the circumstances.

When examining whether the school’s actions were negligent, an experienced personal injury lawyer will explore issues such as whether the students were being adequately supervised at the time of the injury, whether additional supervision could have prevented the child from being injured, and, where applicable, whether adequate instructions were given by the teachers regarding how to perform the activity that led to the injury.

Because the circumstances under which a child may be injured at school vary greatly, it is highly recommended that anyone who believes an injury to their child was caused by the school’s negligence consult with an experienced personal injury lawyer who can fully evaluate the case.

If your child has been injured, please call us at 585-484-7432 for a legal consultation.