• Aug
    02
    Posted in:
    Posted by: Jarve Kaplan Granato Starr

    What to do if Your Child Suffers an Injury at School?

    When you’re a parent, you spend many of your waking hours thinking about what is best for your child and worrying about their safety. Still, most parents breathe a small sigh of relief at the moment they drop their kids off at school or put them on the bus. Though school is all about education and socialization, it is also seen as a place of safety, protection, and supervision. For a few hours, you don’t need to worry. But what happens when you get a call letting you know there’s been an accident and your child is injured at school. Beyond rushing to wherever your child is, what do you do? Who should be held responsible for a school-based personal injury?

    The question of legal liability during a school activity is rarely clear cut and is often dependent upon the situation. In some cases, a school district might be held responsible, even if they or one of their employees were not directly involved in the injury’s occurrence. Even if another child caused an injury there may be a question of whether or not the school was providing appropriate supervision of the children, or whether they were aware that the child who caused the injury posed a danger. If your child fell on a hazard on the playground or was injured on a piece of defective equipment in the gym, the company that manufactured the equipment may be legally responsible, but the school may also have liability if it can be proven that they knew that the problem existed and didn’t take action to remove the danger. The same is true of a traffic accident involving a school bus: even if the cause of the accident was not directly traced to the school, there are questions that need to be answered about the circumstances.

    Whatever the specifics of the accident are, the first thing that parents need to understand when their child has suffered a personal injury at school is that there are special rules that need to be followed when pursuing legal action against a school district, and failure to adhere to those rules can mean the loss of your legal rights. Though most states have waived immunity for instances where a school district or its employees have been proven negligent, the short interval of time allowed for filing a “notice of claim” remains, and that usually means that you must file a claim within a few months of the incident in order for it to be heard and to preserve your child’s rights.

    If your child has suffered a personal injury at school, it’s essential that you act quickly. To learn more about the steps you need to take, contact our office today to set up a consultation.

     

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