Suing a School for a Child Injury

Putting your child into the hands of the school system with adults you don’t know personally and many variables out of your control can be very nerve-wracking. It takes a lot of trust to allow your pride and joy out of your sight for so long every week. Sometimes, sadly, schools can break this trust.

The lawyers at Greenstein & Milbauer, LLP understand how anxiety-inducing it can be to find that your child has been injured while at school. It’s hard to know where to start looking for help. The first step is to seek out reliable resources to discover what your options might be to sue a school for child injury. Reach out to learn more.

Common Injuries Occurring on School Grounds

When you send your child to school, it is impossible to account for every variable they might encounter. On a daily basis, your child has contact with teachers, administrators, cafeteria staff, and other children. They travel the halls, use the bathrooms, and play on the playgrounds. 

Unfortunately, sometimes staff are improperly trained. Sometimes infrastructure is falling apart because the school doesn’t have the funds to update things. Children can be mean, and cause harm, either unintentionally or on purpose.

The most common injuries that students experience at school are caused by:

  • Broken bones
  • Food poisoning
  • Head injuries 
  • Neck and back injuries
  • Injuries caused by fighting
  • Exposure to toxins
  • Dislocations

Suffering from a serious injury at a young age can be a traumatic experience. Your child may suffer from emotional trauma and pain that impacts their life. Your lawyer can help you get them through this difficult time. 

Duty of Care

When you send your child off to school, there is the expectation that your child will return home safe and sound, in the same state they left in. 

The school is obligated to regularly inspect the whole of the premises for potential hazards. If a hazard is found, it must be taken care of as soon as possible. For example, if one of the stairwells is found to have a loose handrail, it is the school’s responsibility to fix it immediately to prevent injuries. 

If the school is aware of an issue that could potentially cause harm to the students it cares for, and it causes harm, the school is liable for that harm. Talk to your lawyer about holding the school responsible for this harm. 

When is the School Liable?

The school may be liable for your child’s injuries, but how can you be sure? You may need evidence that they failed to meet basic standards of care. The most common situations that the school is liable for include the following:

  • Improperly maintained infrastructure
  • Asbestos exposure
  • Lack of or negligent supervision
  • Bus accidents caused by negligence
  • Defective equipment in the gym, playground, or lab
  • Food poisoning due to expired or improperly stored food

If the incident involves a specific teacher, the courts may invoke the Prudent Teacher Doctrine. This doctrine asks, what would a sensible teacher have done in the situation that led to the injury? If the teacher’s response to the incident is found to be inadequate, the school can be held liable.

Seek Out a Lawyer When Suing a School 

If your child has been hurt at school and is suffering, don’t be deterred from seeking justice. 

If you have questions about the way forward, Greenstein & Milbauer, LLP is here to answer them, starting with a free consultation. Call 1-800-VICTIM2 (842-8462) or complete the following online contact form today.

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