arch 2012 Newsletter
be no, nothing realistically can be done for this child to be
compensated, thereis an exception to this general rule.It's where the sole explanation for the accident is the school's negligence (or, in legalterms, "res ipsa loquitur").As noted in"Another Way to Prove Your Negligence Case Under NY Law," New York's
courts have laid down strict prerequisites before this doctrine can be applied:
"the event must be of a kind which ordinarily does not occur in the absence ofsomeone's negligence;
it must be caused by an agency or instrumentality within the exclusive controlof the defendant; and,
it must not have been due to any voluntary action or contribution on the partof the plaintiff."In the case of very small or severely disabled children, this doctrine is more readilyapplicable than in other circumstances, because such children will more easily satisfythe first and third categories than the general populace. And the reason for this isstraightforward: these classes of claimants will often be incapable of meaningfullycontributing to the happening of an accident (such as a passenger in a car), and arethe means for the accident will often be in the exclusive control of their caretaker(s).The toughest criteria to meet will then remain #1, which is proving that the accidentis of a kind that would not normally occur unless someone was negligent.
“When you're not sure how the accident occurred,there are rare circumstances where you can still recover under New York law
How to Prove Your NY Negligence Case When You're Not Sure How it Happened
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