Yes, under the New Jersey Tort Claims Act, a public school could be liable for a school bus accident. Private schools, such as private day care centers, could be held liable as well. There is no special tort claims act which applies to private entities.
Common claims include negligent hiring or negligent retention as well as negligence of the bus driver/employee. In addition, the Tort Claims Act requires that notice be given to the correct government agency within 90 days of the accident. Failure to comply with the notice requirement may result in denial of the claim.
Although a school district could be held liable for a bus accident, what many people do not know is that other parties could be liable, such as a school bus operating company or a school bus maintenance company. In fact, many schools contract out bus operating services to private companies. In these situations, these private companies could be held liable in addition to the school.
It is vital to have the case properly reviewed and investigated by a knowledgeable and experienced accident lawyer.
Related Legal Article: Claims in a New Jersey School Bus Accident Lawsuit
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Published: May 29, 2012