When to Hire a Lawyer for Child Injury at SchoolOctober 05, 2017
Kids are highly injury-prone, but what if your child is injured at school and it could have been prevented? Should you take legal action or let it slide?
Below you’ll learn about common school injury scenarios and find out what to do if your child was injured at school, who is at fault, and whether you should hire an Accidents Benefit Lawyer.
Child Injured at School Lawsuit
If your child was injured at school or while on a school field trip, knowing who is legally responsible can be important, especially if the injury is very serious. Depending on the circumstances, it is possible that the school was negligent, or at fault, in which case you can file a lawsuit.
The first question you should learn the answer to is: who was responsible for my child’s injuries? If the school failed to prevent the injuries when they could have, or intentionally caused them, they may be considered negligent.
Child Injured on School Playground
Playgrounds are common sites of injuries at school. Whether your child was jumping off a swingset, fell on the playground asphalt, or slipped on a patch of ice, the school could potentially be liable for their injuries.
Playground injuries could result from a lack of good supervision, defective equipment, a school’s failure to clear sidewalks, or other issues.
Sports accidents on the playground can also occur for similar reasons.
Child Injured by Another Child
Another common scenario for school injuries is when your child is injured by another child. If your child was bullied or physically harmed by another student or an adult employee of the school, the employee, the school, or the parents of the responsible student may be considered legally at fault.
If your child was harassed and the school could have prevented it, they may be considered liable. If your child is abused by an adult employee of the school, the school district could also be held responsible if they didn’t conduct a background check or did not properly train or supervise the employee.
If your child was intentionally injured, you may be able to file a tort claim. But even if your child was injured by accident, if the school or another involved party caused it, you may be able to sue.
Standards of Care
Schools are responsible for your child’s well-being while your child is there. If they do not follow accepted standards of care and this results in an injury, the school is considered negligent. It’s also often the case that multiple parties are responsible.
For example, if your child is injured in a school bus accident, the bus driver or school district employee could be negligent if they were driving recklessly, but the school district could also be responsible if they failed to properly screen or train the driver. In addition, the bus company could be responsible for a bus malfunction that caused the injuries. The other driver could also be considered negligent if they were responsible for the accident in any way.
Finding a Lawyer
If your child has been injured at school and you are thinking about hiring a lawyer, the best way to learn whether you have a case is by contacting an experienced law firm. Consultations are usually free and a lawyer will explain your options and your legal rights so that you have a clearer understanding of your case’s potential.
Now that you are armed with important information about what to do if your child is injured at school, find out more by downloading our personal injury recovery kit or contact a lawyer for a consultation.
Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader's specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.