School and Daycare Liability

Elite School and Daycare Liability Attorneys in Buffalo, New York

Jed Dietrich, Esq., Distinguished as an American Institute of Trial Lawyers Litigator of the Year and New York Super Lawyer, and His Team of Elite Lawyers at the Dietrich Law Firm P.C. Fight to Obtain the Best Result for Children Who Suffered Harm Caused by School or Daycare Accidents in Buffalo, New York; Niagara Falls, New York; Rochester, New York; Throughout New York State and Beyond.

ChildrenTens of millions of children participate in various school and daycare programs throughout the country. Parents expect their children’s time at school or daycare will be filled with learning, playing, and other enjoyable experiences. Parents place a considerable amount of trust and confidence in childcare providers to keep their kids safe. The most crucial aspect of childcare is providing proper supervision. As such, childcare providers must exercise reasonable care to maintain children’s safety, especially when the parents are not around. Further, teachers and caregivers responsible for young children are legally obligated to protect the children from physical harm, neglect, and abuse. Unfortunately, all too often, irresponsibility and negligence on the part of schools and staff result in severe injuries to children. A breach of duty to protect the safety and welfare of a child that leads to injury may result in the school or daycare being held accountable.

While children commonly endure scrapes and bumps, more serious injuries such as broken bones, accidental strangulations, and traumatic brain injuries deserve the greatest attention. No child should have to suffer the physical and emotional consequences of severe injuries caused by negligent supervision. Far too many children suffer injuries in avoidable accidents at school and daycare facilities. A meticulous investigation of your kid’s accident may expose the carelessness or negligence of teachers and staff. Jed Dietrich, Esq., an acclaimed member of the Premier Lawyers of America, understands the anger and distress that parents may feel after their child is seriously injured. The Dietrich Law Firm P.C.’s caring team of school and daycare injury attorneys has seen the aftermath injuries suffered by victims can have on them, and ultimately their families. After an accident, the parents should make taking care of their child their top priority, and our veteran team is here to help with the rest. Pursuing a personal injury claim against those responsible for your child’s injury may be the only way to begin to recover.

The Dietrich Law Firm P.C.’s battle-tested team retains the knowledge and expertise necessary to thoroughly investigate your child’s injury and ensure that your child is in a position to obtain the highest possible recovery for their damages. Every school or daycare injury claim must be evaluated on its own merits because injuries vary significantly in their severity. If your child was injured at school/daycare because of their teacher’s negligence, contact Jed Dietrich, Esq. and his seasoned team of Buffalo, New York child accident injury attorneys at the Dietrich Law Firm P.C. for a free consultation. Time and time again, former clients have said that Jed Dietrich, Esq. is the best personal injury lawyer in Western New York. View our Google 5 Star rating and clients’ testimonials by clicking here. Our team is available 24 hours per day and 7 days per week at (716) 839-3939 or by filling out the online consultation form.

Proper Child Supervision

While on duty, teachers and childcare workers have a legal duty of care for the children entrusted in their care. Although children cannot be shielded from every single bump and bruise, teachers must do everything they can to protect kids from severe injuries. Both schools and daycares operating should meet minimum health and safety guidelines, including:

  1. Making sure that all children are properly supervised at all times;
  2. Maintaining hazard-free and hygienic environments;
  3. Storing harmful substances out of reach of children;
  4. Having and maintaining sufficient first aid kit supplies;
  5. Ensuring food and drinks are safe;
  6. Conducting necessary emergency drills;
  7. Ensuring that children safely enter and exit buses and other vehicles; and
  8. Providing responsible and adequately trained staff to monitor the children.



What Is the Duty of Care Owned to Children?

Although schools and daycares owe a duty of care, it does not mean that they are inevitably liable for all accidents. After all, accidents are a part of life, especially when big groups of kids are involved. While most schools and daycares have systems in place to minimize the risk of mishaps and safeguard children, lapses in judgment and mistakes can still occur. When teachers or care providers take actions that deviate from the standard duty of care, schools and daycares can be found negligent. The same goes for when teachers put children at risk by failing to take necessary precautionary measures. Applying the principle of negligence, the child’s injury must have been reasonably foreseeable and caused by failing to exercise ordinary prudence. While teachers are not expected to be superhuman, they must at least take adequate precautions to protect their children against reasonably foreseeable dangers. In situations where a child suffers injuries because necessary measures were not implemented, the school or daycare can be held liable.

A school’s duty to provide safe and supervised school grounds also extends to take reasonable measures during sports, afterschool activities, as well as protecting kids from the bad conduct of others. The duty of care owed to children on school premises before or after school can be much more complicated. Typically, schools can be held liable if teachers knew or had reason to know but still allowed the harm to occur. For example, if teachers know that students always skateboard, without wearing helmets, in the parking lot before school. If none of the staff do anything to enforce a helmet policy, the school may be held liable if one of the students falls and suffers a traumatic brain injury.

If your child was severely injured in a school or daycare-related accident, Jed Dietrich, Esq., and his best of the best team of personal injury attorneys are here for you. Jed Dietrich, Esq. has dedicated his life to fighting for justice and believes that no child should have to suffer due to a school or daycare’s negligence. Our highly experienced team can be reached at (716) 839-3939.

Proving a School or Daycare Is Liable

PlaygroundSchools should do everything reasonably within their power to safeguard children in their care. Courts often use the “prudent school or daycare” criterion to determine the standard of care. In essence, what would a prudent school or daycare do under similar circumstances? When teachers or caregivers fail to take every reasonable step to protect their children, the duty of care is breached. Additionally, it must be shown that the breach of duty of care was the direct and proximate cause of the child’s injury. Nevertheless, a school may not be found negligent if the accident was unforeseeable. To be liable, the accident must be anticipated by a reasonable person. Common examples of negligence in school and daycare accidents include:

  1. Dangerous playground equipment;
  2. Inadequate supervision of children;
  3. Faulty children’s products, such as toys and chairs;
  4. School zone and bus accidents;
  5. Falls and dropped children;
  6. Ingestion of hazardous chemicals, materials, or poisons;
  7. Exposure to animals, such as dangerous dogs; and
  8. Any carelessness that results in choking, suffocation, burns, or drowning.

For over 20 years, Jed Dietrich, Esq., a proud member of the Million Dollar Advocates Forum, has exclusively handled serious injury cases. Jed Dietrich, Esq. has battled to obtain over $175 million in verdicts and settlements for victims who were injured in Buffalo, New York, throughout New York State, and beyond. Our honorable commitment to surpassing your expectations and rendering an exceptional outcome is what differentiates us from the competition. The Dietrich Law Firm P.C., recognized as a Best Law Firm of America, offers complimentary case evaluations and consultations. Jed Dietrich, Esq. and his team of school and daycare accident attorneys would be honored to speak with you about your child’s injury claim. Our battle-tested team is available 24 hours a day, 7 days a week, at (716) 839-3939, or by filling out the online consultation form. We are the aggressive, tenacious, and hardworking personal injury attorneys who are ready to fight for the compensation that your child deserves!

Call the Dietrich Law Firm P.C. immediately at (716) 839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

Client Reviews
I am a medical doctor and have worked with many of the best lawyers in Buffalo and I can say without question that Jed Dietrich is the only lawyer I would trust with my injury case in Buffalo New York. B.O.
Dogged, Determined, and Dead-set on getting you the Maximum settlement for your injuries! T.F.
No one will work harder, smarter or better; I have retained Jed and he obtained the best result for my case. D.P.
The definition of an "A" type personality-exactly who I would want to represent me in a serious personal injury case. E.S.
Jed is a Master in the courtroom without an equal. S.C.
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