Injury at School: Your Guide to Your School's Legal Liability

Was your child injured at school? With more than 3.5 million injuries involving children at American schools each year, the possibility is too real.

But what you should do in case of an accident? Who is liable, and can you file a lawsuit? Read on about your school’s legal liability in case your child suffers an injury at school.

Intentional vs. Negligent Acts

The legal status of the injury depends on whether it was due to an intentional act or due to negligence. Intentional torts include physical or mental bullying (including cyberbullying), as well as any acts made with by an adult with the intention to physically harm your child or another student.

In such instances, the legal status is fairly straightforward. Depending on the circumstances of the injury, the school may also be liable for preventing the abuse from happening.

However, the school may be deemed negligent, and the lawsuits for negligence are more complicated. For example, the school may be found negligent for not properly screening its employees.

The school is responsible for the safety and wellbeing of the children during school hours. If the school fails in those responsibilities, collectively known as the Duty of Care, they are negligent.

Negligence also encompasses numerous other accidents, including:

- Playground injuries
- Sports injuries
- School bus accidents
- Slip and fall injuries
- Chemical exposure
- Food poisoning
- Improper evacuation injuries
- Plus, several other categories.

 

Who is Responsible?

First of all, if your child’s school is public, you will need to follow strict legal procedures to make an injury claim for the accident. Public schools are essentially political subdivisions of the federal government. This means that they are protected by sovereign immunity.

Sovereign immunity means that in most cases, public schools and their employees are immune against most lawsuits. In order to waive sovereign immunity, you will need the help of an attorney with expertise in personal injury claims.

If the injury took place at a private school, the entity that owns or operates the school might be held liable. In that case, you simply have to file a personal injury lawsuit through the civil court system.

Did your Child Suffer an Injury at School? Seek Legal Help

If your child has suffered an injury at school, you should focus on helping your child get better and return to their life before the accident. Contact a law firm to get the help of personal injury experts who care for your full and fair compensation.

The amount of your claim will depend on the severity of the injury as well as any pain and emotional distress. If your child has suffered a permanent injury that might affect its future and prospective careers, you may be able to make a sizable injury claim.

Beyond Injuries at School

Thankfully, most injury at school is orthopedic in nature. These injuries are often completely curable through proper medical treatment and physiotherapy rehabilitation for children, especially if medical care is immediate. So, don't lose hope. Get your rightful compensation and provide the proper medical care to your child.