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School and Playground Injuries in New York

Playgrounds should offer enriching activities for children and should be a place to make a lifetime of positive memories. Yet each year an estimated 200,000 children across the country are injured and 15 are killed, on average, on playgrounds. And about one in 14 children suffer injuries on school grounds that are serious enough to warrant medical attention.

The Law Office of Mark A. Siesel represents injured individuals throughout Westchester County and surrounding areas, including cases involving school-related and playground injuries. If your child has been seriously hurt, we can help you understand your rights and explain whether you have a claim.

Common Causes of School and Playground Injuries

Playground and school injuries can happen at camps, in public playgrounds, residential community playgrounds, elementary schools, high schools, and other sites. The most common causes include:

  • Inadequate Supervision. One of the most frequent causes of school injuries is lack of proper supervision. Teachers, aides, and staff members are responsible for monitoring children and intervening when behavior becomes dangerous.
  • Defective or Unsafe Playground Equipment. Playgrounds must be designed and maintained with safety in mind. Equipment that is broken, poorly installed, or improperly maintained can cause serious injury. Surfaces beneath playground equipment also need to be properly cushioned to reduce the risk of injury from falls. Outdated equipment that has been recalled or found to be unsafe also needs to be replaced with play equipment that meets modern safety standards.
  • Hazardous Property Conditions. Slip and fall injuries frequently occur in school hallways, cafeterias, gymnasiums, and outdoor areas. Common hazards include wet or icy floors, poor lighting, badly maintained flooring, cluttered surfaces, and other hazards.
  • Sports-Related Injuries. Athletic programs are a valuable part of education, but they also present risks. While some injuries are inherent in sports participation, negligence may occur when coaches aren’t properly vetted, no concussion protocols are in place, safety equipment is not provided or maintained, and when medical attention is delayed.
  • School Bus Accidents. Children are vulnerable passengers, especially since most school buses do not have safety belts to keep children secured in the event of an accident.
  • Bullying and Violence. In 2025, gun violence alone was responsible for 54 fatalities and 149 injuries across the country. In addition, about one in five high school students have been bullied in the past year at school and one in six have been bullied electronically.

Types of Injuries Children May Suffer

School and playground injuries can vary widely in severity. Some of the most common include fractures, lacerations, head trauma, facial injuries, and spinal cord injuries. Many serious school injuries also cause psychological trauma, which can affect a child’s development and ability to focus on school.

Cases involving public schools and municipalities often involve additional procedural requirements. Claims against government entities may require the filing of a Notice of Claim within a strict timeframe. Missing these deadlines can jeopardize a family’s ability to seek compensation.

Private schools and daycare centers are generally treated differently under the law, but they still owe a duty of reasonable care to the children entrusted to them. With some private schools, school donors and funds allow for substantial defense teams. Working with an experienced personal injury attorney becomes important to protect your rights.

What Parents Should Do After a School or Playground Injury

If your child is injured, consider the following steps:

  1. Seek immediate medical attention. Even injuries that appear minor can worsen over time, and children may be frightened and not notice all their symptoms. Even if your child says they are fine, they may be more injured than they realize.
  2. Report the incident in writing to the school or facility. Request a copy of the incident report. If the school or daycare delays or refuses, consult with a personal injury attorney.
  3. Document everything you can. Take photographs of the injury and the location where it occurred. Identify potential witnesses, including students, staff, or parents. Write down everything you remember and encourage your child (if they are old enough) to write down everything they remember about the injury.
  4. Speak with a personal injury lawyer as soon as possible. Avoid signing any documents or accepting settlements before consulting an attorney.

Frequently Asked Questions

Are schools automatically responsible if a child is injured?

No. It must be shown that negligence played a role.

What if my child was injured by another student?

Schools may be liable if staff knew or should have known about dangerous behavior and failed to take reasonable steps to prevent harm. This is unfortunately quite common, where prior incidents and bullying complaints are not pursued, allowing violence to escalate.

Can I sue a public school district?

Claims against public school districts are possible but involve specific procedural requirements, including strict filing deadlines. Prompt legal consultation is important.

What if my child’s injury happened at a private daycare?

Private daycare centers owe a duty of reasonable care to children in their supervision. If staff negligence or unsafe conditions caused the injury, legal action may be appropriate.

What if the school says my child “assumed the risk”?

Assumption of risk may apply in certain athletic activities, but it does not excuse reckless or negligent conduct. Each case must be evaluated based on the facts.

Will pursuing a claim affect my child’s treatment at school?

Schools are prohibited from retaliating against students or families for asserting legal rights. Protecting your child’s safety and well-being is paramount. If you are concerned about retaliation, your attorney can explain how you can protect yourself and your child.

Is it worthwhile to pursue a claim?

This varies depending on your situation. One thing that many families do not realize is how expensive a childhood injury can be. You may need to take time away from work to care for your child, your child may need medical care and tutoring to catch up on schoolwork. In the case of a serious injury, your child’s future career prospects may be impacted and your child may face a lifetime of increased medical costs. Your child may also face expensive therapy bills to deal with the trauma of the injury. Seeking fair compensation allows you to pursue the resources you need to pay for all these costs.

Compassionate Representation for Families

When a child is injured, the emotional toll on parents can be overwhelming. Legal matters may feel secondary to your child’s recovery — but protecting your family’s rights is also important.

The Law Office of Mark A. Siesel provides personalized, hands-on representation to families throughout Westchester County and surrounding counties. If your child has suffered a serious school or playground injury, contact The Law Office of Mark A. Siesel to schedule a free initial consultation.

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