If your child is severely or moderately injured at school, you might be curious as to who is responsible for the damages that the injury will cost your child and your family. It can sometimes be difficult to prove who is liable in the eyes of the law. Here are some questions you need to ask when dealing with this kind of situation:
Was it an Accident?
The first thing you want to find out is whether or not your child was injured by accident or if it was intentional. The injuries become intentional when there is a case of bullying, fighting, or harassment by an adult teacher. If your child was bullied by another child, that child's parents could be responsible for injuries sustained to your child. In cases of fighting, responsibility would have to be established as to who started the fight. Some of that may fall back on your child since they were actively participating in the fight. Sadly, there are some cases in which adult teachers are accused of harassing students which can sometimes lead to injury. If this happens to your child, the school and its governing body are often liable for your child's injury.
Was it a Case of Negligence?
There may be a time when a child is injured at school due to negligence. Negligence in a school is when the school falls below the standards that are acceptable for ensuring safety and security of the students. For example, if a child is injured on a playground due to faulty equipment, you may have a case of negligence if you can prove the school was aware of the damaged equipment and allowed the child to play on it. They could also be negligent in this case if they knew about it and failed to secure it in a way that prevents children from playing on it.
Does Your Child Attend Public School?
Another big factor in school liability is whether or not the school is public or private. Public schools are usually governed by the state. Because of this, you may have to go to great lengths to bring an injury claim on a school. There are very strict guidelines in place that you have to follow in order to sue a school for injury.
If the child attends a private school, it is an entirely different situation. These schools are not bound by any state statutes, so bringing an injury claim against them is a bit easier. You would have to go through the organization that is responsible for the school, whether it is a church, not-for-profit organization, or a private business.
If you have a child who is injured at school, it is important that you follow up on it immediately. You first need to question your child as soon as you can so that details don't become too fuzzy. If you are thinking about bringing an injury claim against a school or those responsible for the injury, it is crucial to talk to a personal injury attorney who has this type of experience.
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