Articles Posted in Negligent Supervision

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Every parent fears hearing news that their son or daughter was injured while in the care of another. The reality is that our society relies upon school buses to transport our children back and forth to school. The further reality is that these school buses can be involved in accidents in which our children can be injured. As reported by CBS New York, Two school buses from Northern Valley Regional High School traveling on the Palisades Parkway crashed into each other on Monday afternoon.Early reports indicate that one of the buses struck the other from behind. The New York State reported that anywhere from 40-60 students were taken to local area hospitals with injuries, the extent of which are unknown at this point.

Individuals who have suffered an injury in a bus accident may be able to file a lawsuit against the bus company. In and of itself, however, an injury in a bus accident is not grounds for a lawsuit. In order to have a valid lawsuit the victim must be able to prove that either the bus driver or company acted negligently. In the instant situation, if the reports are accurate, a rear-end collision would almost certainly implicate liability on behalf of the driver of the offending bus and the bus company.

Rear-end collisions are among the most common types of car accidents our attorneys see. However, they normally do not involve two school buses. Rear-end collision accidents can result in serious injuries to the driver and passengers in either bus. These type of accidents frequently result in major back and neck injuries which can be debilitating and adversely affect victims for the rest of their lives.

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A settlement has been reached in the death of Avonte Oquendo, wherein Oquendo’s family agreed to a $2.7-million payout from the city, CBS2 reported. In October of 2013, the 14-year-old autistic boy vanished from the Riverview School in Long Island City. Three months later, his body was found on a beach in College Point, Queens.

When an individual suffers an injury or death in an accident caused by a government agency such as a public school, they may have grounds to file a lawsuit against the local municipality. Lawsuits against municipalities and municipal subdivisions, however, differ from those filed against normal citizens and insurance companies. A “municipality” refers to any type of government entity, such as villages, towns, cities, or states. A “municipal subdivision” refers to any agency, such as the New York City Board of Education.

The tragic case of Avonte Oquendo, involves several areas of New York law. In order for there to be municipal liability, it must be proven that a government agency acted negligently. In order to prove negligence, the government agency in question must have had a duty of care to the injured party. A duty of care is a legal obligation that one party has to use a certain degree of care when performing a task, in the instant case, providing adequate security and supervision to an autistic boy entrusted to the school district. In order to prevail, lawyers for the Oquendo family were required to show that the Riverview School and the New York City Department of Education violated their duty of care towards the child. Furthermore, the family ‘s attorneys were required to show that the school’s negligence was directly responsible for the disappearance and death of the child.

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Orlando, Florida has been in the news recently for terrible tragedies that have occurred in that popular vacation destination. As has been widely reported, a 2-year old boy was the victim of an alligator attack while playing on the beach at Disney’s Grand Floridian Resort. Information has now been revealed which indicates that this terrible tragedy was both foreseeable and preventable if Disney had acted in an appropriate and responsible manner.

A leading personal injury attorney in Miami, Florida, Robert Boyers, Esq., wrote an insightful and scathing blog article about Disney’s responsibility for this tragic event. As Mr. Boyers points out:

“The Grand Floridian Disney resort knew full well that there were gators in their man-made lake. Yet, shockingly, they did nothing to warn their unsuspecting guests. Incredibly, Disney not only failed to tell patrons of this known and very real danger but did not even post any warnings about gators being in this body of water. In fact, instead of warning guests, by creating this beach area, they lured parents and their children toward life threatening harm.”

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A Metro-North train derailed in the Bronx early Sunday morning. The accident left over 70 people injured and another four dead. The train had been headed toward Grand Central terminal when it careened at high speed around a sharp turn next to the Hudson River and derailed. The crash was the deadliest New York City train derailment in over two decades. Sadly, it appears the accident may have been avoidable if not for human error.

According to the New York Times, the train was traveling far too fast as it approached the turn where the accident occurred. The curve where the derailment occurred is known to be one of the sharpest in the region and has a maximum speed limit of 30 m.p.h. Despite the danger posed by the sharp turn, the train approached the curve at a speed of 82 m.p.h. While the National Transportation Safety Board—who are leading the investigation into the accident—initially cautioned that they had not yet determined whether the accident was caused by human error, evidence has emerged that operator error may have been the cause. According to CNN, the engineer of the train, William Rockefeller, told investigators that he had been in a daze moments before the train derailed. Due to the combination of the train’s high speed at the time of derailment and Mr. Rockefeller’s statement to investigators, the MTA could be facing a number of lawsuits relating to the crash.

Engineers are required by law to act in a safe and responsible manner when operating trains. When a train’s engineer acts negligently, they may be liable for any injuries that