You send your children to school expecting them to be protected and cared for. Unfortunately, educators and other caretakers are sometimes negligent, and faulty maintenance may render what should be a safe space dangerous.
Common Types of School Accidents
School-related injuries can occur in many ways. Some common situations in which a child may be injured at school include:
- Playground injuries
- Gym class injuries
- Sports team injuries
- Slip and falls on school grounds
- Injuries due to negligent supervision
- School bus injuries
- Field trip accidents
- Bullying injuries
Liability for School Accidents
Generally, a public or private school is responsible for maintaining the premises in a manner that is safe for teachers, students, staff and other visitors, and for providing adequate supervision of minor children. Schools are generally also expected to provide appropriate training for teachers and staff, and to implement policies designed to maintain a safe environment.
When the injury occurs at a private school or while the child is under the supervision of private school faculty or staff, the claim may typically proceed much like any other personal injury case based in negligence. However, public school accident claims are not as straightforward.
Governmental entities have immunity from certain types of lawsuits, and public school districts enjoy some of those protections. Whether or not a school district can be held liable for an injury to a child will depend on the circumstances of the accident. Some factors that will impact the determination as to the school district’s liability include:
- Whether the injury occurred during school hours or in an extracurricular setting
- Whether the injury was the result of negligence or an intentional act
- Whether or not the injury occurred on school grounds
- Whether the activity during which the injury occurred was mandatory or voluntary
An experienced school accident attorney is the best resource for determining whether and to what degree a public school district may be responsible for injury to your child. Often, a personal injury attorney experienced in California school injury cases may be able to successfully pursue a claim, even if the school district has claimed immunity or denied responsibility.
Damages in School Accident Cases
Damages in a school accident case will vary depending on the specifics of the injury, but will often include compensation such as:
- Reimbursement for medical expenses
- Compensation for anticipated continuing medical costs
- Costs of rehabilitation or therapy
- Costs of tutors or other necessary accommodations
- Compensation for pain and suffering
Contact an Experienced School Accident Lawyer
When your child is injured at school, you may want to believe that the school or district administration will do the right thing by your child. After all, you’ve entrusted them with his or her care on a daily basis. However, the teachers who work closely with your child aren’t the ones making decisions. The school—private or public—will be working with an insurance carrier.
Insurance companies are for-profit entities, and their goal is to maximize those profits by minimizing payouts. When you retain an experienced school accident lawyer, that lawyer’s goal is to get you the compensation you need to help your child recover and move forward.
Give your child the protection he or she needs. Getting started is as easy as requesting a free consultation right now