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Children do a few things exceptionally well. Two of their most notable skills include 1.) having fun and 2.) injuring themselves. No matter the setting nor the activity, kids never cease to use their imaginations, run, jump, laugh, and every once in a while, fall down. In fact, more than 14 million kids experience a severe injury each year. So, as a parent, you know to keep a careful watch over your kids. In the presence of a hazard, keeping them safe is your responsibility. However, as your children get older, their time is less often spent under your care, particularly during the school year. So what happens when your child gets injured at school? Who is responsible? And should someone be held accountable? In the instance that your child is hurt under the responsibility of another caregiver, you’ll want to know what happened and what to do next.
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What to do when your child is injured at school…
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About one-quarter of child injuries occur while at school. This is no wonder considering the amount of time a child spends on school property. However, if intentional or negligent acts incurred their injury, you as the parent may need to reach out for legal assistance. Your first task in this instance is to determine under which circumstances were your child injured. Was it an act of negligence or intention?
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- An intentional act often involves bullying by another student. In this case, depending on the circumstances, the parent of the offender could be responsible for his or her actions. The school may also hold the responsibility if a supervisor knowingly failed to stop the instance of bullying that resulted in your child’s injury. An intentional act might also indicate abusive behaviors from a supervisor or employee of the school.
- A negligent act suggests that the schooled failed to prevent the instance that caused your child’s injury. The school essentially breached from the accepted standard of care in providing the essential services to your child, including shelter, food, transportation, and a generally safe environment. If your student was injured as a result of the school’s negligence, the school could be held liable.
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Schools operate under a duty of care to ensure the safety of students. Therefore school administrators and teachers are expected to protect the children for whom they are responsible from any foreseeable harm or injury. This includes providing a safe environment and eliminating or repairing all hazards.
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Your next consideration in the case that your child was injured while attending school is if it is a public or a private school. This could change your chances at succeeding in filing a lawsuit.
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- Public School: Public schools are a government entity that operates under state law. Therefore, you’ll be required to follow strict procedures to bring an injury claim or lawsuit over the incident.
- Private School: Since private schools are not a government entity, there are usually no particular procedural rules for bringing a claim against them. You can file a personal injury lawsuit in your state’s civil courtroom in the case that your child was injured at a private school.
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When your child gets injured, you strive to do everything in your ability to make things right. From kissing a bumped head to fighting for their safety, you do everything to restore your child’s safety. So, in the instance that your student is injured while at school by negligent or intentional actions, do not hesitate to reach out for legal counsel. Call on us at Raynes and Erickson Attorneys at Law for expertise in personal injury law. We are here to guide and assist you in this challenging time.
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