Q: If my child is bit in school what can I do?
A: I'm sorry your child was bitten. In terms of what you can do, your first step could be to reach out to an attorney who handles injury cases. I hope your child is okay. If the bite is of a minor nature and damages are transient in nature, it's possible that a law firm might have reservations about taking the case on. In all cases, law firms must balance the cost of litigation with the magnitude of damages - but that is not clear from the post. I hope your child's injuries are not serious. You could reach out to attorneys to discuss in greater detail how the incident occurred, available documentation, medical records, and other evidence. Keep in mind that if evidence materializes that could place liability on the City, lawsuits involving New York City agencies involve short notice of claim deadlines and short statutes of limitations. Please discuss these with an attorney if you contemplate legal action. If you reach out to a law firm, in the very least, you could learn the time periods within which you must take action to preserve your child's rights. Good luck and best wishes for a healthy recovery for your child.
A: Sorry to hear what happened to your child. Whether you have a case will depend on whether the student that bit your child had a prior history of biting others (or perhaps some other bad behavior which would make the incident foreseeable and therefore preventable). If the actions of the other student could not have been anticipated, no less prevented, the school would not be legally responsible. Moreover, keep in mind that before you can even file a lawsuit against the municipality or board of education, you must first file a Notice of Claim within 90 days of the incident. If you do not file a Notice of Claim within such time period, you will not be able to file a formal lawsuit. Finally, make sure that the incident is reported to the school (both teacher and principal) so that they are on notice of this type of behavior and perhaps provide this student with extra supervision.
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