January 21, 2015
When your child is in school, you expect them to be safe and protected. You should feel assured they are in a safe learning environment, free from harm. So when your child comes home with an injury, it is natural to want someone to blame. It is the school’s job to not only educate your child, but to also ensure their safety. If your child has been hurt at school, it is important that you explore all of your legal options.
When Is the School Liable?
As with all property owners, the school has the duty to care for its students. This means that they must provide a safe environment for your child. The school is responsible for protecting all students from any foreseeable harm, and to repair or correct any dangerous factors in a timely manner. Some common causes of injuries that the school is at fault for may include:
- Faulty playground equipment
- Bullying
- Unsanitary conditions
- Bus ride accidents
- Slip and fall accidents in hallways
- Negligent acts by other students
When the school fails to provide a safe environment for its students, they are acting in a negligent manner. This means the school may be liable for any injury, loss of wages or emotional pain your child experience.
School Sport Injuries
When your child is injured while playing school sports, it can become more difficult to prove negligence. In most cases, student athletes and their guardians sign a waiver agreeing that they understand the risks associated with playing sports and are willing to assume all liability.
To recover damages from a school sport injury, it must be proven that the coach or another member of the school staff acted in a negligent way, directly leading to the injury. This could include letting the player play in unsafe conditions or allowing students to use faulty equipment. In these situations, there may be a case of negligence.
Suing a School District
Pursuing legal action against a public school district is different from suing other entities. Because public schools are under control of the government, they have what is called “sovereign immunity.” This makes them immune to many lawsuits and creates a monetary cap for recovery in others. Filing suit against a school district can thus be a long and tiresome endeavor.
If you are thinking about seeking legal action for your child’s injury, contact the Khonsari Law Group today. Going after a school district is an intricate process and you will need a guiding hand to show you the way. Call KLG today for a free consultation and get your child the compensation they deserve.