Attorney Advertising · Case Result
Settlement
$340,000
Broken leg suffered by a young girl who struck a boulder hidden at the bottom of a sledding hill while sledding with her classmates.
Prior results do not guarantee a similar outcome.
A winter afternoon of sledding with classmates should end with cold cheeks and hot chocolate, not a trip to the emergency room. For one New York family, it ended with their daughter’s leg broken after her sled carried her straight into a large boulder at the bottom of the hill. HaddLegal pursued the claim, and the case settled for $340,000.
This child sledding accident settlement illustrates something many parents don’t realize: when a child is hurt on a sledding hill because of a hazard someone should have removed, marked, or warned about, the injury may not be “just an accident.” It may be negligence.
What Happened
Our client was sledding with her classmates on a hill commonly used for winter play. At the base of the slope, where sleds naturally run out and coast to a stop, sat a large boulder. It was not padded, fenced off, or marked. As she reached the bottom, her sled struck the rock and she suffered a serious leg fracture requiring medical treatment and a long recovery.
The key fact was location. A boulder sitting in the runout zone of a known sledding hill is not a hazard a child can reasonably see, judge, or steer around at speed — especially when snow cover hides its size and shape.
Why a Hidden Hazard Changes a Sledding Injury Case
Defendants in sledding injury lawsuits often argue that the child “assumed the risk.” In New York, people who take part in recreational activities are generally held to accept the risks that are inherent and obvious in that activity — bumps, falls, and collisions with other sledders.
But that defense has limits. Participants do not assume risks that are concealed or that were unreasonably increased by someone else’s negligence. A large rock left in the path where sleds stop is the kind of hazard a property owner or supervising adult can fix and a child cannot anticipate. New York courts have also been reluctant to apply assumption of risk broadly to young children engaged in ordinary play.
Who Can Be Liable for a Child’s Sledding Accident?
Responsibility depends on who owned, controlled, and supervised the hill. Potentially liable parties include:
- Schools and school districts. New York schools must supervise students with the care a reasonably prudent parent would use. If staff brought or allowed children to sled on a hill with an obvious hazard at the bottom, inadequate supervision may be a basis for a school sledding accident claim.
- Municipalities and park operators. Cities, towns, and park agencies that maintain public hills have a duty to keep them reasonably safe, including removing or guarding known hazards in high-use areas.
- Private property owners. Camps, clubs, and private landowners may be liable under ordinary premises liability principles. New York’s recreational use statute (General Obligations Law § 9-103) can limit some landowners’ liability for activities like sledding, though it has exceptions and is often held not to apply to supervised public parks and facilities.
The 90-Day Deadline for Claims Against the City or a Public School
If the hill is owned by New York City, a municipality, or a public school district, a Notice of Claim generally must be filed within 90 days of the injury under General Municipal Law § 50-e. A child’s age extends the deadline to sue in many cases, but it does not automatically excuse a missed Notice of Claim — a late filing requires court permission. Parents should speak with a lawyer as early as possible.
How a Child’s Injury Settlement Works in New York
Settlements for minors are handled differently than adult cases. Under CPLR 1207 and 1208, a court must approve any settlement of a child’s claim through an infant compromise order. The judge reviews the medical evidence, the amount, and attorney’s fees to confirm the settlement is fair to the child.
In most cases, the net settlement funds are deposited in a protected account or structured annuity in the child’s name and released when she turns 18. This ensures the money compensating her injury is preserved for her future.
What Affects the Value of a Child’s Broken Leg Case
- Type of fracture — femur, tibia, or fibula; displaced or comminuted breaks
- Growth plate involvement — injuries that can affect how a child’s leg grows
- Surgery and hardware — rods, plates, screws, and later removal procedures
- Recovery time — casting, crutches, physical therapy, and missed school
- Lasting effects — scarring, limp, limb-length difference, or limits on sports
- Strength of liability evidence — photos of the hazard, prior complaints, supervision records
What Parents Should Do After a Sledding Injury
- Get your child immediate medical care and follow every treatment instruction.
- Photograph the hill, the runout area, and the hazard before snow melts or the object is moved.
- Get names and contact information for teachers, chaperones, and other parents who were present.
- Request any incident or accident report from the school, park, or property owner.
- Keep medical bills, records, and notes on missed school and activities.
- Avoid giving recorded statements to insurers before speaking with a lawyer.
- Call an attorney quickly — especially if a public school or the City may be involved.
Sledding Accident FAQs
Can I sue if my child was hurt sledding?
Yes, if the injury was caused by negligence — such as a hidden hazard, poor maintenance, or inadequate supervision. Ordinary falls inherent to sledding are usually not enough on their own.
Is a school responsible if my child is injured sledding on a school trip?
A school can be liable if its staff failed to provide reasonable supervision, such as allowing students to sled on a hill with a known hazard at the bottom.
How long do I have to file a claim for my child’s injury in New York?
The deadline to sue is generally extended until a child turns 18, but claims against the City or a public school usually require a Notice of Claim within 90 days of the injury.
Does a judge have to approve my child’s settlement?
Yes. New York requires court approval of a minor’s settlement through an infant compromise order, and funds are typically held for the child until age 18.
How much is a child’s broken leg case worth?
It depends on the fracture, surgery, growth plate involvement, recovery, lasting effects, and the strength of the liability evidence. Every case is different.
Was Your Child Hurt Sledding?
HaddLegal represents injured children and families across all five boroughs and Long Island. Free consultation. No fee unless we win.
Written by Randy Haddad, Esq., Founder, HaddLegal — New York personal injury attorney.
HaddLegal · 305 Broadway, 7th Floor, New York, NY 10007 · (347) 888-9446
Attorney Advertising. Prior results do not guarantee a similar outcome. This post is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Client identity withheld to protect the privacy of a minor.
