Can I be sued if a student is injured in my classroom? I am a teacher’s assistant.
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Can I be sued if a student is injured in my classroom? I am a teacher’s assistant.
I am a teacher’s assistant in a daycare. I have a student with a disability I
fear may be injured by the other students. Can I be sued if he is injured by the
other students while I am taking care of other students in the classroom?
Thank you.
Asked on May 9, 2018 under Employment Labor Law, New York
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You may be named as a defendant in the lawsuit; however, the daycare is primarily liable. If you are sued for negligence, your employer is liable for the negligence of an employee which occurs in the course and scope of employment.
It is also possible that the case will be settled with the daycare's insurance carrier without a lawsuit being filed.
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