Injury is the leading cause of death in school-age children in the US, with around 16.614 million injuries per year. As a parent, your top priority is protecting your child from harm. So, when your child gets injured at school, you may wonder if you can take legal action against the school. Sports injuries are very common, with around 30 million children and teens taking part in participating sports. Still, motor vehicle accidents are another leading cause of death – 104 people died in school bus crashes in 2022.
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Here is some information on when you may be able to sue the school if your child gets injured.
What Types of Injuries Can Lead to a Lawsuit Against the School?
There are several types of injuries that may provide grounds for a lawsuit filed by a personal injury attorney, including:
- Negligence – If the school or a staff member acted negligently, and this directly led to your child’s injury, you may have a case. For example, if a teacher left chemicals unlabeled and your child was burned by them.
- Inadequate Supervision – If your child was unsupervised and got injured when proper supervision could have prevented it, you may be able to sue. For instance, if your child fell and broke their arm on the playground when no teachers were present.
- Dangerous Conditions – If there was a dangerous condition at the school, like an unsecured piece of playground equipment that injured your child, a lawsuit may be possible. The school had a responsibility to ensure equipment was properly maintained and secure.
- Intentional Injury – If a staff member or another student intentionally injured your child, you may be able to sue the school for lack of intervention. For example, if a bully had been reported but the school failed to take action to protect your child – 38.8% of middle school students report being physically attacked in the previous 12 months and 47.6% say they were injured in fights at school.
- Disability Discrimination – If your disabled child was denied accommodations and got injured as a result, a lawsuit under the ADA or IDEA may be warranted. For instance, if your child did not receive necessary classroom aids and support.
What Factors Determine If You Can Sue?
There are several factors that influence whether you will be able to successfully sue the school, including:
- School Negligence – You have to prove that the school or staff acted negligently and did not take reasonable precautions to prevent the injury. Their actions (or lack of action) must have directly caused your child’s injury.
- Injury Severity – The more severe the injury, the stronger your case will generally be. Severe injuries indicate the school failed to meet safety responsibilities.
- School Policy – If the school violated its own policies related to supervision, discipline, maintenance, etc. then they demonstrated negligence. Referencing breached policies strengthens a case.
- Witnesses – Any witnesses to the incident who can attest it occurred due to school negligence will help support your case. Statements from teachers or other students are very helpful.
- Documentation – Detailed documentation related to the incident, your child’s injuries, and the ongoing effects of the injury will be important to proving your case. Photos, medical reports, school incident reports, etc.
Speak to a Personal Injury Lawyer
If your child suffered an injury at school, consult with a qualified personal injury attorney to determine if you have sufficient grounds for a lawsuit. They can assess your specific situation and options.
With the proper evidence and legal support, you may be able to receive compensation for your child’s injuries.
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