Who Is Liable for Your Child's School Injuries?

When your child has been injured at school, it can be a difficult time, for both them and for you as the parent. Aside from dealing with medical bills and other major expenses, you have to face the deep psychological impact of knowing that your child was hurt, in a place that should have protected them.

However, there are many ways that you can hold the right party accountable for your child’s injuries at school, and get the compensation that you need to help them heal and recover. In this post, our Orange County personal injury lawyers will discuss some of the possible parties in a school injury case – and how you can ensure that they are held responsible.

Common Types of School Accidents

Discovering liability will depend on the type of injury your child incurred at school, although generally there is a limited range of accidents that can occur on school property. From roughhousing with other students on a sports field to slipping in the school cafeteria, some accidents can be prevented, and others are truly just tragic accidents. However, if the school, a teacher, or another party could have stopped your child’s injury, it could constitute negligence and make them liable for damages.

Some of the most common injuries sustained while at school come after accidents involving:

  • Field trips
  • Playground equipment
  • School buses
  • Negligent drivers
  • Amusement park rides
  • School bullies
  • Cafeteria spills
  • Cross-walks to school
  • Classroom supplies
  • Abuse from a teacher or staff member

How to Hold the Right Parties Liable for School Injuries

There are many possible parties that could have participated in causing your child’s injury, and the extent of the damages they owe depends on the nature of that injury. Because other students do not have a legal obligation to your child and are minors themselves, they cannot be considered negligent. But if other adults at the school could have prevented the injury, one thing is certain: You can and should hold the right parties responsible in a civil court.

Some of the most common parties that could be involved in a school injury case include:

  • Teachers: Because teachers spend the most time with your children, they are also responsible for monitoring dangerous situations and taking action to prevent injury. Although the vast majority of teachers are attentive and thoughtful individuals, some may through negligence or malicious intent end up harming your child, or allowing another student to hurt them. Teachers are usually unionized, so holding them accountable may involve the school district.
  • School staff members: These can include janitors and cafeteria workers, or even the school nurse. If a janitor failed to remove a dangerous obstacle that injured your child, or if the office staff didn’t believe your child’s reports of bullying from other students, any of these staff members could be ultimately responsible for your child’s injuries.
  • The school district: It can be incredibly difficult to hold a public school district accountable for injury, as it is technically a branch of the government. However, it is not impossible. If you want to file a personal injury case against the school itself for neglecting your child’s welfare, you will need to give 60 days’ notice before filing your claim with the civil court.

If your child becomes injured at school this fall, don’t hesitate to contact our Orange County personal injury lawyers at The Law Office of Marshall Silberberg. With decades of experience obtaining more than $500 million on behalf of our clients, we can review your case and ensure that your child is protected for the future.

Contact us today at (949) 565-4281 or fill out our online form here to get in touch with our offices in either Irvine or Los Angeles.

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