When your children go off to school, you expect them to enjoy their day with friends and learn new things. School should be a happy and healthy environment for growth and learning. However, one of the worst phone calls you can receive is finding out your child suffered an injury at school.
Did you know that sixty-six percent of school injuries occur during recess? Injuries mostly occur while using the playground or participating in a school related activity. If your child receives an injury at school, as a parent you can’t help to wonder who might be responsible for your child’s accident and recovery. Monetary damages a child could be compensated for after an accident include medical bills, out-of-pocket expenses, and pain and suffering.
Your child’s recovery may also depend on the circumstances surrounding the accident.
Injuries Resulting from Negligence
School staff and faculty owe a duty of care to their students to ensure a safe and hazardous-free environment. Here are some negligent situations your child can encounter at school.
- Playground Injuries- Defective equipment, improper maintenance, and manufacturer defects can all result in serious injuries.
- Lack of Supervision – The level of supervision depends on the child’s age, maturity level, nature of the activity, and the physical surroundings.
- Transportation Accidents- School bus operators must drive cautiously and follow the rules of the road to ensure they provide the safest transportation service for the students on board.
- Slips, Trips, and Falls – School premises could have uneven pavements, debris, and unattended spills that create dangerous conditions for the students. The school’s failure to properly inspect their grounds and examine hazardous areas in the premise is an act of negligence.
Injuries Resulting from No-Fault
There are some unforeseeable situations that occur at school premises that are outside the control of staff and faculty. These circumstances may make it a bit difficult for the parent to prove the school breached the standard duty of care.
1. Sport Injuries
Sports injuries are difficult to prove fault. Sports by nature can be dangerous and open the participant to violent situations. . Activities such as participating in a sport or other physically demanding activities can result in bodily harm.
2. Assaults in School
Intentional acts performed by students and purposely cause harm to another may be an action outside the control of school authority. In most instances, school staff is unaware of any indication of violence from one student to the other; making the assault an unforeseeable event. Unfortunately, without proof that the school anticipated the assault, it may be difficult to show the school was negligent.
3. Careless Acts
Just because an injury occurred on school grounds, it doesn’t necessarily result from negligence, rather than an act of carelessness. Children can accidentally fall off playground equipment or trip and fall on the pavement , which can result in potentially serious injuries.
Filing An Injury at School Claim
If the school your child attends is public, you will need to file an injury claim against the appropriate government agency. Government claims have strict, specific, and shortened filing deadlines. Missing the filing time limit can result in a denial of your claim.
If your child gets hurt at a private school, you may need to file an injury claim against the school’s insurance company. Insurance companies are third-party administrators that represent the schools interests and are the ones to defend claims made against the school for reckless and negligent conduct. The time available to file a claim or lawsuit against the school will vary in the state you live in.
Hire an Experienced Lawyer Who Understands Your Child’ Needs
Injuries occurring on school grounds can include fractured or broken bones, cuts, bumps, bruises, sprains, concussions, and even result in death. As a consequence, it can leave unexpected monetary, physical, and emotional damages.
Consult with the exceptional team at Sweet Law Group after an injury at school. With over 40 years of legal experience, it will give you a fighting chance to receive the justice and compensation your child deserves. Call our office now for a free consultation at (800) 203-3061 .