Children getting injured in schools is a common occurrence that happens in different states each year. Since children spend most of their time in or around school grounds, this is where most injuries take place. Every parent would like to know the cause of their child’s injury at school. Some accidents are unavoidable while other injuries are caused by unsafe conditions. Read on to learn how you can determine who is legally responsible when your child is harmed at school.
What Caused the Injury?
Injuries to students can be caused by others or unsafe conditions within the school premises. You should consider the following factors if you want to determine the party that is responsible for the injury of the child.
Injuries Caused by Other Parties
Cases of bullying are common in other schools where a child can intentionally harm another student. In the case of bullying, the parents of the child who has harmed another student may be held liable depending on the type of harassment. Harm can also be inflicted by an adult in some situations. In this case, if an employee at the school is the offender, then the school district may be liable for failing to provide proper training to the employees. The school can also be liable for other cases of injuries like sexual abuse.
The teachers and other members of staff should provide a special duty of care to all the pupils in their custody under personal injury law. The teachers as part of their duty should make sure that they take reasonable measures to prevent the students from harming each other.
Types of Injuries that Constitute Negligence by the School
If the child is hurt due to unsafe conditions, the school may be held liable for negligence. Dangerous conditions may include but are not limited to the following: broken stairs, dilapidated infrastructure, slippery floors, toxic materials, or unsanitary conditions. Schools are obligated to provide a safe environment to protect vulnerable children.
The school authorities should take appropriate safety measures and conduct regular checks to prevent foreseeable dangers that may harm the students. If a school fails to maintain the accepted standard of care to the students, it would be liable for negligence.
Hire a Lawyer
Some injuries at school are unavoidable considering that young children are playful, and they also want to experiment with different things. Therefore, before you rush to accuse the school of negligence, there are also other things that you should know. It is essential to seek legal advice from a professional personal injury lawyer. The experienced attorneys at www.davidchristensenlaw.com explain that when your loved one has been hurt as a result of someone’s fault, you need a personal injury attorney by your side who can give you the legal information you need. Lawyers know the law, and they can give you appropriate advice concerning the injury of your kid.
Injury at a Private School
Private schools can be treated like a legal private entity that might be held liable for injuries of your child. This means that the institution can be held responsible for the injury and other related offenses. The claim can be settled with the private school’s insurance provider. You can also file a personal injury lawsuit at the state’s civil court if you want justice for your child.
What About a Public School?
A public school is a governmental entity under state law. Therefore, if your child is hurt in this type of institution, there are strict procedures that you should follow if you want to file an injury claim or lawsuit against the school. Public schools have immunity against liability for specific forms of alleged harm to the students. If you do not follow the rules, you can lose your right to get any damages for the injury of your child.
Exceptions to a School’s Liability for a Child’s Injury
There are exceptions where the school cannot be held liable for the injury of your child. The school cannot be held liable for injuries that occur on its property outside school hours or other sponsored events. If the child is injured on the weekend at the school playground, the institution is not liable. Another exemption relates to injuries suffered during organized sports like football. If the district does not provide transportation, any injuries that may happen to the children on their way to school or home means that the school may not be held legally responsible.
If your child is harmed at school, it is essential to establish the party that is legally responsible if you wish to get compensation. Some injuries might be intentional, others are caused by unsafe conditions, and others are unavoidable. Therefore, proving liability in the injury of your kid might be difficult.