Buffalo, NY asked in Family Law, Personal Injury and Education Law for New York

Q: Preschool left my son unattended by a major road not holding his hand or watching him for about a minute and I seen it

Me and two other people witnessed my son 4 years old walking near a major road with his group and his hand wasn’t being held and wasn’t being watched for about a minute and he could’ve went into the street and got hit by a car or something could’ve happened etc

2 Lawyer Answers
Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • New York, NY
  • Licensed in New York

A: The civil justice system only provides a remedy for harm that has occurred, not harm that might have occurred. Fortunately, your son was not harmed. Speak with the principal and teacher at your son's school and tell them what you observed so that it does not happen again (either to your son or another child).

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: I'm glad that your son is okay. As my colleague correctly says, the standard applied is one of actual harm, and not harm that could have been. And thank goodness no actual harm occurred. Hopefully, the school will take measures in supervising children outside the safety of the school grounds. Good luck

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