Re: son injured at school was not notified

My first inclination is to ask why you feel this was a "bias incident"? If your primary claim is that the school officials did not follow proper procedures regarding notification of parents after his injury, it might just be a straight negligence case. The next issue is what is the extent of the damages because of you not being notified? Was there an ultimate delay in the treatment of his head injury that exacerbated his condition? PLEASE NOTE that pursuant to Education Law, a Notice of Claim must be filed on the Board of Education within 90 days after the claim arises.

Re: son injured at school was not notified

How were you damaged by the lack of notice? What does bias have to do with your allegation?

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Re: son injured at school was not notified

The failure to notify did not cause the injuries to your son, unless you omitted something?

Depending on the severity of his injuries, and how and where the fight occurred, you may have an action on your son's behalf, for negligent supervison.

There is a 90 day notice requirement for tort cases so you should get moving if you feel strongly about it.

The failure to notify will mitigate an application for leave to serve a late notice, especially since the statute of limitations doesn't start running for your son until he is no longer a minor.