When parents leave their children in the care of another adult, or team of adults, the assumption is that the child will be kept safe while in another’s charge. When that does not occur, parents may be eligible to take legal action against those who failed to provide a safe environment for the child. Proving negligence cases in these situations is not always easy, but many parents have shown that it is far from impossible – with the right preparation and legal advice.

What is a School’s Liability?

When schools – or companies that take on the responsibility of a child’s care and safety – fail to live up to their charge, tragic events can follow. Take the recent case of a 15-year-old boy who was swept out to sea while on an organized adventure tour in Hawaii. Or the case this spring of a teen who was killed by a falling tree while camping with a student group in Wyoming.

Factors in Proving Negligence

Schools, camps and tour companies have a responsibility to provide a safe environment for children. When another entity takes the temporary place of a parent or guardian, that entity must protect the child from foreseeable harm. Those filing lawsuits must be able to show that the school or company was aware of a potential danger and did not take appropriate action to prevent it. Because these lawsuits can be difficult to prove, it is important to have an attorney who is experienced in this category of law. With the right legal representation, parents of children who are killed or injured through negligent acts may pursue the justice and compensation they deserve for themselves and their children. Contact experienced NY attorneys for assistance if you need to prove negligence.

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