Studies estimate that more than 14 million child injuries occur each year throughout the United States. Of these 14 million injuries, one-fourth occur in or around school property. Children spend a lot of their time at school, which can lead to questions from concerned parents, such as, “My child was hit at school, what can I do?“
Parents often ask who is liable if their child has been injured at school. This depends on a few factors, including the nature of the incident, the circumstances surrounding it, and the school’s duty of care. Understanding your options and legal rights is critical when dealing with such a child’s injury situations to ensure your child receives the necessary care and justice.
Finding liability
The first question asked in determining who is responsible is: was the act intentional or negligent? This might include bullying, where a child may be harmed physically by another. It can also be a result of an adult employee of a child’s school abusing a student. If bullying was the cause of school injury, the parents of the offending child may be liable for the child’s injuries, depending on the circumstances. Otherwise, the school district, school staff, or school administration may also be at fault for failing to stop the harassment. If an adult employee is an offender, then the school district may even be liable for failure to conduct proper background checks on their employees or to provide proper supervision. Even accidents are often caused by some failure on the part of the school district, private schools, or their employees.
Schools are responsible for your child’s safety and needs when they are in the employees’ care. Schools are obligated to provide shelter, food, transportation, and a safe environment. If the school grounds are unsafe or the school staff fail to meet these responsibilities, and the child is injured at school, the school may be considered negligent and generally liable for what happens to your child.
Parents should take immediate steps, such as ensuring their child receives medical attention and obtaining an incident report. Common injuries from negligence at school can lead to significant medical bills and emotional distress. To explore legal options, consult a law firm to better understand your legal rights. Many firms offer a free consultation to evaluate your case and determine whether legal action is appropriate to seek compensation for medical bills, pain and suffering, and other damages resulting from your child’s injuries.
Here are a few examples of possible injuries and where the legal responsibility lies:
A school bus accident could be due to:
- Malpractice by or negligence of a bus driver
- Improper training of the driver
- A malfunctioning vehicle
- A driver who was reckless may be at fault for a collision with the school bus
A playground injury could involve:
- Inadequate supervision by an employee
- Defective playground equipment, either due to lack of maintenance or improper manufacturing
Food poisoning:
- Improper food storage or preparation by personnel
- Improper food manufacturing by outside vendors
A slip and fall accident could be due to:
- Loose handrails improperly maintained or installed
- Falling on ice or snow because the school didn’t clear the sidewalks properly
Exposure to asbestos:
- This could be due to the school district’s failure to remove harmful substances or to close down the structure altogether.
Injuries from natural or man-made disasters could occur due to:
- Failure to provide training and planning for emergencies
- Failure to properly carry out evacuation or shelter in place
Injuries which happen during physical activities:
- Improper supervision
- Defective equipment due to lack of maintenance or improper manufacturing.
Is the school public or private?
If your child’s school comes under public schools, it is considered a governmental entity under state law. This means that there is a very strict process to follow if you want to bring a personal injury claim or a lawsuit. Those rules are usually laid down by the state legislature. There aren’t usually any special procedural rules for bringing a claim against this kind of organization. If you believe that a private school or one of its employees is liable for your child’s injury, you can usually file a personal injury lawsuit in your state’s civil court system.
If your child or a loved one has been injured due to a school property or similar organization’s neglect, call us at CarAccidentAttorney.com so we can connect you to an attorney who will provide you with aggressive legal representation.