The safety of students is the school’s responsibility as long as they are on school grounds. So, if any serious injuries or accusations are brought to your attention, you must carefully evaluate the situation. To determine who’s liable if your child suffered an injury on school grounds, you must consider various factors. Read on to find out more about the subject.
Determine the Cause of Injuries
It’s important to understand that accidents do happen. Kids slip and fall due to various reasons, including weather conditions, and can get injured. However, it is the school’s responsibility to limit the chances of injuries, that’s why certain measures are put in place to ensure student’s safety. During a natural disaster, teachers are taught how to follow the protocol and carry out emergency evacuation procedures, if needed, so that all students are sheltered and safe. There are other types of injuries to be wary of, such as sports injuries. Therefore, it is the coach’s or supervisor’s job to ensure that adequate safety measures are followed to avoid the risk of injuries. Lastly, other injuries include fights between students and bullying. Most schools have a no-bullying policy, which they should consistently abide by.
If a school fails to adhere to these policies, lacks adequate training for all staff, or is incompetent to keep up with the routine maintenance of infrastructure and equipment in order to prevent injuries, as a parent you must start gathering evidence to prove the school’s negligence or, in the case of bullying, hold the at-fault party’s parents liable.
Was the Act Intentional?
It’s important to consider that negligence isn’t the only issue that needs to be addressed in these situations. Intentional torts need to be looked at as there will be serious consequences. If your child’s injury is due to bullying, the act is intentional. If your child has become a victim of assault and battery or abuse, you must alert law enforcement immediately.
Was the Act a Result of Negligence by the School?
You can determine whether the act that caused your child’s injury was a result of the school’s negligence by examining how the injury occurred. For instance, school bus accidents are usually caused by the negligence of the driver or employee appointed to supervise the children. It could also be due to the lack of regular maintenance of the designated vehicle to ensure proper functioning equipment. These types of accidents would hold the school liable for your child’s injuries.
Other acts that take place on school grounds such as injuries caused by defective playground equipment, food poisoning, or improper handling of food in the school cafeteria are also a sign of the school’s negligence. By proving that your child’s injury is the result of poor supervision, malfunctioning equipment, or lack of maintenance, you must take the necessary steps to ensure that the school is held responsible.
If you are certain that your child’s injuries are a result of negligence on the school’s part or intentional harm by another party, the first thing you need to do is gather as much evidence as you can by collecting witness statements and getting a copy of the security camera footage. You should also immediately consult a local lawyer to walk you through the process. The Los Angeles-based attorneys at www.cd-lawyers.com explain that hiring a personal injury attorney will ensure that your rights are not infringed upon and increase your chances of receiving compensation for the wrongdoings of the at-fault party. Without a lawyer’s guidance, it may be difficult to proceed as various factors can render your fight futile, especially with the liable party’s lawyers trying to undermine your claim or the severity of your child’s injuries.
Public vs Private School Liability
Another reason you will need to consult an attorney is that it can be hard to hold a school liable even if evidence deems so. That’s why you must take into consideration whether the school is a private or public organization. Public schools are a government entity, making them difficult to sue as you would have to follow procedures to bring forward an injury claim. On the other hand, if a private school is responsible, you can take your case to civil court.
As painful as the situation may be, making sure that the at-fault party is held liable is crucial. First off, you must determine whether the cause of injury is negligence on the school’s part or intentional or illegal action. Then, you have to gather as much evidence as you can, consult an attorney, and call law enforcement if necessary, to determine the best course of action to ensure your child’s well-being.
