We hope that everyone has a stress-free transition back into the school year.  But, sometimes, things go wrong at school, and this article will explore when liability can arise. 

First up, personal injuries.

A school is a property like any other, which means that if you are hurt by dangerous conditions like disrepairs and poorly maintained facilities, you can sue for negligence.  Schools can also be sued for failing to take remedial action with respect to bullying, and in the context of other instances of violence like fights between students or altercations with personnel.  

An item to keep in mind if you are injured at a school is that most schools in New York enjoy a layer of protection provided by the Education Law’s notice of claim requirement.  This means that, as a prerequisite to filing a lawsuit, you have to serve a notice of claim on the appropriate individual(s) within three months of the date of your accident.  This applies to students as well as to other visitors to the property.  

What if you are an employee of the school?  Typically, employees in New York cannot sue their employers for negligence because of the Workers’ Compensation law.  That means if you slip on a spill in the cafeteria that should have been cleaned up sooner, your remedy is in Workers’ Comp and not in a lawsuit.  Employees who are injured at work can have recourse, however, if there is a third party responsible.  So, if a contractor is doing work at the school and you are injured because of its negligence, you can have what’s called a third party claim against the contractor and still receive Workers’ Compensation.  However, your recovery in a personal injury lawsuit will likely be reduced by what you have already received, i.e., the Workers’ Comp lien. 

Next up, employment issues.

Public schools are subject to the same state and federal anti-discrimination laws as any other employer, as well as the federal Family and Medical Leave Act.  This means that employees cannot be targeted because of their protected status (for example, sex, race, a disability, or age) or be retaliated against for making a complaint of discrimination or harassment based on their protected status.  When it comes to state law claims, that notice of claim requirement still applies, so it’s important to keep an eye on applicable deadlines.  Federal employment claims are not affected by the notice of claim requirement but may require filing a charge at the EEOC before moving forward with a lawsuit. 

In public schools, employees also enjoy some, albeit limited, First Amendment protection when they speak on matters of public concern.

Often teachers and other school employees have protection through their union Collective Bargaining Agreement or under the Civil Service Law or Education Law, that may offer some job protection beyond what is available to many private employees.  So, it is important for someone dealing with an employment related issue to be sure they understand all of their rights and options as they navigate a difficult work situation. 

We certainly hope that the school year goes off without a hitch, but if not, be sure to keep in mind that schools enjoy some heightened protections in New York so it’s important to explore your options sooner rather than later. 

REXFORD — Vischer Ferry General Store celebrates the opening of a new expanded retail space, along with the return of indoor seating in the updated cafe. 

Many items are made by local artists and makers and include greeting cards, candles, soaps, jewelry, home decor, vintage items and more.

The grand opening takes place 9 a.m. – 4 p.m. Saturday, Sept. 9. and includes free cider and donuts, bubble tea pop-up, and live music. 

VFGS is located at 357 Riverview Road, Rexford. For more information, call 518-579-0195, or email: info@vischerferrygeneralstore.com

SARATOGA SPRINGS —The Leadership Saratoga program is seeking project ideas for the Class of 2023-2024. Sponsored by the Saratoga County Chamber of Commerce, the program is dedicated to the development of leaders who will serve their communities today and in the future.

Nonprofits serving Saratoga County are encouraged to submit a project proposal detailing their organization’s needs.

In past years, Leadership Saratoga groups have successfully completed projects such as marketing assessments, community engagement outreach, event planning, educational programming, awareness campaigns and website redesigns.

Proposals are reviewed by a subcommittee of the Leadership Saratoga Advisory Board, which selects up to four projects for groups within the incoming class to complete as part of the months-long program.

A listing of projects completed in years past can be found on the Leadership Saratoga website at www.leadershipsaratoga.org/explore-program/previous-projects.

Project proposal applications should be submitted to Leadership Saratoga by Friday, Sept. 8. The 2023-2024 Leadership Saratoga program will run from September 2023 to May 2024.

More information about Leadership Saratoga and how to submit a project proposal is available at www.leadershipsaratoga.org.

SARATOGA SPRINGS — The Saratoga Casino Hotel Foundation is now accepting grant applications for the 2023 grant cycle. The Foundation exists to support charitable and public benefit organizations whose mission is the betterment of quality of life, health and welfare of Saratoga County residents.

To qualify for a grant, organizations must be classified as a not-for-profit organization by the Internal Revenue Service and applicants must carry out services and activities that benefit the residents of Saratoga County. Activities that address problem gambling, support youth activities, senior citizens, recreation, arts and community are given priority.

This year, the Foundation will be accepting grant applications by electronic means only. The deadline for submitting applications is Sept. 15. 

The application is available on the Foundation website, www.saratogacasinohotelfoundation.org and must be submitted via e-mail to brider@SaratogaCountyNY.gov. The Foundation Board will meet on Sept. 28, to decide on the grants and grant recipients will be notified by Oct. 4 as to the status of their application. Grant awards will be mailed the following week.

SARATOGA COUNTY — With approval of the NYS Office of Cannabis Management and with cooperation from Legacy Dispensaries, a Cannabis Growers Showcase will be held at Old Saratoga Mercantile. The showcase will feature tested and certified cannabis products grown by state approved cannabis cultivators from Saratoga, Washington and Rensselaer Counties. The location has been approved to operate from Wednesday, Aug. 23 through Jan. 1, 2024. Weekly, the showcase will operate Wednesday through Saturday from 12 p.m. to 8 p.m.

“After listening to cannabis farmers from across the state who were struggling financially due to the delays in dispensary openings, The Office of Cannabis Management produced thoughtful and curative guidelines providing relief by way of a Growers Showcase. As farmers, we are happy to provide a location to assist in the program, helping farmers get their products to customers who have longed for legal and responsibly grown cannabis. We are also happy to note that our community will benefit directly from the tax dollars collected from these sales,” Christina Myers, owner of Old Saratoga Mercantile.