It can be devastating for a parent when their child is injured at school. In 2020-21, there were 41 violent school-associated deaths in children aged 5-18, of which 20 were classed as homicides. You may wonder if you have any legal recourse against the school if you believe your child’s injury could have been prevented. Here is information on when you can sue if your child gets hurt at school.
What Types of Personal Injuries Can Lead to a Lawsuit?
If your child were injured at school, it’s crucial to seek legal advice. A personal injury attorney can evaluate your claim and provide guidance. Some common types of school injuries that could potentially lead to lawsuits include:
- Injuries on the playground, such as from defective equipment or lack of supervision. Schools have a responsibility to regularly inspect playgrounds and equipment to make sure they are safe.
- Injuries in class, such as a child falling and getting hurt in an unsafe classroom environment. This could include wet floors that were not cleaned up or clutter/obstacles in walkways.
- Injuries during school sports or organized activities. Schools have a duty to provide proper protective gear and supervision during organized sports and activities. In the 2015/2016 academic year, there were 15,531 injuries reported in high school students playing sports, with football, girls’ soccer and boys’ wrestling the most dangerous sports.
- Injuries during school transportation, such as a child getting hurt on a school bus. Buses must be properly maintained and have adequate safety precautions. There are around 26,000 school bus accidents each year, and in 2022, 104 people died in school bus crashes.
- Injuries related to bullying or violence, if the school failed to provide adequate security or stop known bullying/violent behavior.
Establishing Liability
For a lawsuit to be successful, you must be able to show that the school was negligent in some way and that this negligence led to your child’s injury. Key elements needed to establish liability include:
- Duty of care – Schools have a legal duty to take reasonable steps to ensure students’ safety and well-being. This includes duties such as maintaining safe premises, providing supervision, enforcing discipline policies, and following safety rules and protocols.
- Breach of duty – You must show that the school breached or violated their duty of care through negligent actions or failure to take appropriate actions/precautions.
- Cause – You must demonstrate that the school’s negligent breach of duty directly caused your child’s injury.
- Damages – Your child must have suffered damages or losses as a result of their injury, such as medical bills, lost school time, pain and suffering, etc.
Time Limits for Filing a Personal Injury Lawsuit
It is important to note that you generally only have a limited window of time to file a school injury lawsuit, which could be as little as 6 months or up to 2 years in some states. This is known as the statute of limitations. In Texas, for example, the statute of limitations is two years, but in South Carolina, it’s three years.
Talk to a Personal Injury Attorney
School injury cases can be complex legally, and schools/school districts often have extensive resources to fight lawsuits. That’s why it is essential to have an experienced personal injury or education attorney help evaluate your personal injury case if your child was seriously injured at school. A personal injury lawyer can determine if you have a viable case and handle the litigation process. Many attorneys offer free initial consultations and only collect fees if you win your case.
While no parent wants to sue their child’s school, it may be an option if negligence led to a serious preventable injury. Thoroughly exploring your legal rights can help obtain fair compensation for your child.
