Schools are expected to be a safe and hazard free environment for your children, but sometimes that is not always the case. Schools generally have set rules which govern the safety for the attending students which means that most liability cases are based on provable negligence. If your child was injured at school due to the negligence of the school, they may be held liable for the injuries that your child obtained.
School Liabilities
If a child is injured while they are at school, officials generally have a duty to help if the injuries are caused by another student or the injuries are the result of unsafe or hazardous environments or equipment. School authorities have a duty to sufficiently supervise children and to ensure that the school is safe and hazard free. If a school official has breached their duty to care for a student, knowing that a situation was unsafe and failing to take appropriate measures to resolve the problem, they can be held liable for negligence.
Common Injuries Due to Negligence
There are several injuries that a child may obtain at school that can be due to the negligence of a teacher or school worker. Some of these injuries are:
- Injuries from harassment or bullying by another student
- Insufficient planning for evacuations in case of emergencies
- Lack of supervision during recess or other play areas
- Lack of safety measures for nearby vehicle traffic
- Lack of health and sanitation standards in food preparation
- Structures or equipment that was known to be unsafe
- Allowing strangers to enter school premises
Determining Liability in School Injuries
If a parent is trying to bring a claim against a school or school district, they must file the claim with the Department of Education. The Department of Education will then investigate the incident. In cases where a claim is filed against a specific employee of the school whether it is a teacher, coach, supervisor, or other officials than it becomes a case of vicarious liability and you will have to prove that the official was negligent. Which means that you must prove they weren’t acting within their prescribed duty.
If you have any question or concerns regarding the injuries your child has suffered at school and need more information on how to bring a claim against a school official or the school itself, please do not hesitate to contact one of our knowledgeable attorneys today!