What Do I Do if My Child Was Injured at School?

Posted by & filed under Premise Liability.

Hurt

No parent ever wants to imagine their child getting hurt. However, when their child goes to school for the day, most parents rest comfortably thinking they will be alright. Unfortunately, this isn’t always the case. So you need to be prepared and aware of what to do if your child should get injured while at school.

There is a legal precedent that holds schools responsible for their students whenever they are in the institution’s care. Obviously, this would then apply for any time the child is on the school’s premises during normal hours. However, this also applies during times when the child may be off campus, but still technically under the school’s care. Examples would include field trips, sporting activities, etc.

That being said, simply because your child gets injured doesn’t mean the school can be held accountable. Put another way, just because they’re responsible for your child, doesn’t mean a school’s administration can necessarily stop them from jumping out a second story window. If the teacher who was present was doing their job and simply turned their back to use the white board when the incident happened, it’s unlikely the school will face charges. Playgrounds provide plenty of other examples where the general consensus is “kids will be kids.” Playing comes with some risks, so there’s only so much a school can do.

Obviously, there are still times when a lawsuit is appropriate. If your child made it out that window because the teacher left the room for several minutes or something happened on the playground because there weren’t enough administrators present, you probably have a case.

The important thing is to immediately contact a personal injury attorney as soon as possible. They’ll be able to help you gather critical facts about the case and then assess if a lawsuit is appropriate.

Source:

http://www.tgb.com.au/blog/my-child-was-injured-school-can-i-sue