Who Is Liable If Your Child Was Injured At School?
Schools are generally one of the safest places to leave your child. However, accidents happen unexpectedly and students do get injured. Whether it occurs during swimming, football training or through emotional abuse, fights and harassment by teachers, all can be termed as injuries. So what should you do when your child comes home with an injury picked up from school? Do you have any legal remedies as parents? This piece will discuss the circumstances that determine who is to blame and why you should get a Los Angeles child injury attorney for help.
Negligence From The School’s Side
Schools are responsible for children’s safety given they are within the school’s territory. However, that doesn’t guarantee that they will forever be safe. Schools can be sued on an account of negligence if they do not meet certain standards of care. In the event negligence contributed to a preventable injury, the school may be charged with a personal injury case.
Injuries that happen because of poorly maintained pitches, equipment and housing structures can be termed as injuries arising from school negligence. Similarly, you can sue the school if the accidents arose because students were allowed to participate in athletics without proper gear or the school hired an incompetent driver who caused a collision with the school van. Since these cases don’t occur often, it would help if you seek the guidance of a child injury lawyer near you.
Injuries From Poor Supervision
When a personal injury lawyer Los Angeles conducts an investigation into an injury and finds out that it is as a result of inadequate supervision, the school may be held liable. In this case, oversight tends to incline more towards school employees responsible for safeguarding children. If a child is harassed, abused or harmed in any way by a school teacher, coaches or other staff members, the school will be charged. Why? It is the responsibility of the management to train and supervise how their staff members conduct their work. If the students suffer injuries in school as a result of this, the management stands liable.
When Students Are Hurt Using School Property
Normally, this revolves around school districts that offer transportation services to and from school. The school has the legal duty to ensure that all transportation facilities under their name are safe for students. In the case where the school bus gets involved in an accident and the students get injured, the authorities must assess the cause of the accident. If the bus had faulty brakes or the driver was under the influence of alcohol or had no proper training, a child injury suit may follow.
However, if the school doesn’t offer transport services and the accident occurs when the child isn’t on school property, the school cannot be held liable. If your child picks up an injury while on a bicycle heading home, the school cannot be charged since they were on their own. In exceptional cases where the students get hurt immediately after being released, the school may be liable to some extent. The legal system checks if the school knew of the hazardous nature of the surrounding and failed to take preventive measures. If this happens, a child injury lawyer Los Angeles may help you fight for your child’s rights.
Some accidents occur as a result of defective equipment. The equipment could be used in the laboratory or playground and may include vehicle parts and even food. Such cases tend to be complex since you have to find out who is liable for the injuries between the school and the manufacturer. In such a case, you will need an excellent personal injury lawyer Los Angeles to take you through the case and gather sufficient grounds for a lawsuit.
If investigations reveal that the school knew of the defective or dangerous equipment but still went ahead to allow their use, they could be in trouble. On the other hand, if it is reported that the manufacturers released defective equipment that doesn’t meet certain safety standards, they will be held accountable for the injuries. You will need the help of a top Los Angeles child injury attorney to win such a case.
This is very common in schools, especially for teens and pre-teens. It happens at times when a child is hurt by another intentionally and recklessly. This is termed as bullying and can fall under intentional injury or negligence. Since a child is under a parent’s care, the lawsuit may extend to the parents of the responsible child.
Some cases cannot point a finger at who is to blame for an injury. For example, a child who voluntarily signed up for football, puts on all the required playing gear and unfortunately trips and breaks his ankle. This would be a case of a genuine injury that couldn’t have been prevented. In such a case, a child should seek immediate medical attention and be sent home for recovery. If you are not sure about the cause of the injury, it is important to have a child injury lawyer Los Angeles to investigate and launch a lawsuit if necessary.
If your child needs justice for an injury they are not to blame, do not walk away. Find a child injury lawyer near you to help you assess the case and sue the responsible party.