It can be frightening when your child gets injured while they are at school. You want to ensure that they’re safe and that the teachers and staff are doing everything possible to keep them out of danger. However, you may not realize that you may be able to take legal action if your child gets injured due to negligence or misconduct on the part of the school staff, including teachers and other employees. Learn more below about whether you can sue a school if your child gets injured!
What Are Your Rights as a Parent?
If your child has been injured at school and you believe that the school is responsible for the injury, you may want to consult with an attorney about your rights as a parent. Every situation is different, so it’s best to talk with someone who can help give you advice on what steps to take next. Depending on how severe your child’s injury was, you may also have to provide medical documentation to decide whether or not they will pursue legal action against the school district.
Is The School Responsible for The Injury?
The school is responsible for the injury if it was caused by someone or something on the school property. For example, the school would be liable if your child was injured because they tripped on a loose floorboard. But if your child was injured because they were hit by another student while in the hallway, you would have to go after that student’s parents or guardians. Injuries that occur during recess, lunchtime, and other non-instructional times are not the school’s responsibility. Some people mistakenly believe that the district will automatically take care of injuries, but most districts can only cover for things like tutoring or special needs services.
Are There Limits to Your Legal Action?
It is possible to sue a school and win damages from the school district if your child is injured during school hours. However, there are some limitations to this. The most important limitation is that the injury must have been caused by negligence by the school district or its employees. This means that your child cannot be injured in any other way and then blame their injuries on the negligence of the district or its employees.
How Could You Prove the Injury Was Caused by Negligence?
The first thing to do is figure out if the injury was caused by negligence. Negligence can be defined as someone’s failure to take the appropriate steps to avoid injury. To prove that an injury was caused by negligence, you will need evidence to show that there were actions that could have been taken to prevent an injury.
What Evidence Do You Need to Take Action Against Someone Else?
To bring a lawsuit against someone for injuries, the plaintiff (the injured person or the injured person’s family) must show that the defendant was negligent. Negligence means that the defendant failed to use reasonable care in doing something they should have known might cause harm to others.
As such, there are four requirements for negligence:
- Duty of Care
- Breach of Duty
A potential victim can only sue if they can prove that these four elements exist.
Steps To Take If Your Child Has Been Injured at School
If your child has been injured at school, there are a few steps you can follow to help with your situation. Here are five things to do if your child is injured at school:
- Report the injury to the person in charge of managing that area.
- Request an incident report, so you have documentation for any legal action you take against the school or its employees.
- Contact your child’s school nurse or health office and follow their injury protocol.
- Seek medical attention if you think it’s required, even if it is during class time.
- Consider consulting with a lawyer about your rights as a parent.
It is possible to sue the school if your child gets injured. The general rule is that the tortfeasor, or person who caused the injury, will be liable for damages. The damages may include medical bills, pain, suffering, loss of future earnings, and anything else that can be quantified in financial terms. So, if you have been harmed due to someone’s negligence, you should consult with an attorney as soon as possible.
Contact us at Heidari Law Group today for a free case consultation.