My Child Was Injured at School, Now What?
The education and supervision of thousands of children for several hours a day is a daunting task for schools. Despite their efforts to maintain a safe environment for students, accidents can still occur, resulting in serious injury to a child. In such situations, parents may wonder if they can take legal action against the school.
What are Common Accidents in Schools?
There are several common types of school accidents that can occur. Playground accidents, for instance, are responsible for a significant number of injuries each year. Equipment like monkey bars, swings, and climbing structures can be particularly dangerous, causing everything from minor scrapes to serious brain injuries and amputations. Negligent school staff, maintenance crews, or equipment manufacturers may be held responsible for these incidents.
Sports-related accidents are another common type of school injury. Children who participate in school sports and recreational activities are at risk of suffering sprains, fractures, concussions, and heat stroke. In some cases, negligent coaching or inadequate supervision may be to blame for these injuries, and the school could be held liable.
Premises liability accidents can also occur on school property. Property owners, including school districts, have a legal obligation to maintain a reasonably safe environment for students and staff. Failure to repair known hazards or warn others about them can result in slip and fall accidents, parking lot accidents, swimming pool accidents, and fires.
Finally, school violence is an unfortunate reality. Acts of violence such as bullying, pushing, fighting, shootings, stabbings, and assaults can cause both physical and emotional harm, including bruises, broken bones, gunshot wounds, and head trauma.
Can I Sue for My Child’s Injuries?
It is possible for parents to sue a school if its employees failed to properly supervise and ensure the safety of students. The key question in these lawsuits is whether the school or a staff member acted negligently, which directly led to the child’s injuries. However, it is important to note that Louisiana state law does not require constant supervision of all students, and schools are only obligated to provide reasonable supervision. Schools do have a responsibility to maintain a safe environment for the children under their supervision. Therefore, the school and it’s staff does still have a duty of reasonable care to all the students and if that was breached a lawsuit may be the appropriate next step.
If a lawsuit is filed, the courts will consider various factors, including but not limited to:
- Whether the school was responsible for providing supervision;
- Whether the injury was foreseeable by school staff;
- What activity the child was engaged in that led to the injury; and
- Capacity of the child to understand any risk involved in their activity.
Palazzo Law Has School Accident Lawyers Ready to Help Today.
Not all school accidents are necessarily the school’s fault. To determine liability, it is important to consult a school accident lawyer from Palazzo Law Firm. They can evaluate the circumstances of the case and provide guidance on the best course of action for pursuing a claim.
