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Who is Liable for Injuries at School?

Home » FAQs » Who is Liable for Injuries at School?
March 21, 2020

When you have someone who is taking care of your child for at least six hours each day, you begin to wonder if they're doing a good job. Then you have times when the child is hurt, and there wasn't anything that could have been done to prevent it, who is responsible then? Schools, teachers, administrators, and the district as a whole can become liable if a child is injured at school.

The complication for most parents is that they don’t have the full story and instead have many people working against them. Getting a personal injury attorney in Cincinnati can help you dissect each of these situations and get someone to fight for you.

Due Care and Proper Supervision

What should a school provide for your child in terms of safety? Really, what should you expect when you're looking at someone who has twenty or more children to one adult and no help during recess or bus loading? You should expect an adult who can respond quickly when they realize that the child is in a dangerous situation. But does that immediately make the teacher liable when they don’t respond?

When it comes to due care and supervision, the overall mission is to create a safe environment and promote safe activity. For example, they are expected to keep gates shut near the bus area, and all playground equipment safe. However, there have been numerous lawsuits when it comes to handling safety in terms of attacks, assaults, or even that broken playground equipment.

The duty of care will be a huge part of your case if you move forward with legal action against the person or entity involved. It is likely that the fault doesn’t fall to a specific person.

Is the Teacher, the School, or the District Liable if a Child is Injured at School?

When you're looking at the injuries, you'll need to ask who was liable and it was intentional or not. There doesn't need to be a clear intention when you're handling liability. For example, a child who runs into the bus area because a gate wasn't locked doesn't involve intention. The teachers who used the gate last didn't intend for the child to get hurt. But all the same, the school would likely be liable for the action of their employee.

When it comes to teachers who are liable, it's usually intentional and aggressive action. If a teacher were to prevent a child from going to the nurse when complaining of extreme side pain, and then they experienced later a ruptured appendix, then the teacher would be liable for the stress and trauma. However, a teacher would not be solely liable for a child being hurt on the school's playground.

Additionally, the school is usually liable through viscous liability or the liability as an employer. The school is also liable for harmful or hurtful policies and rules. This situation has been over the news lately as children experience bullying or similar issues for hair, clothing, and religious observance policies that draw attention to student’s differences in a negative way.

What About Liability for Sports Team Injuries?

Liability with sports is usually hard to prove because the parents are often made very aware of the risks involved. The parent can usually pursue a case when there was something involved that violated the rules of the game. Practices that take place without helmets but still involve tackles and full-contact are one instance of that situation. The parents are under the impression that the safety equipment will always be in use and failing to go through with that can make the school liable.

Fights, Bullies, and Personal Attacks

Parents lately have had many problems in seeking compensation for bullying and personal attacks. First, they must prove that the bullying or attack took place then they have to prove that the school knew about it, then finally that the school didn't do anything about it.

Should You Contact a Personal Injury Attorney if Your Child Was Injured at School?

When there are injuries that are costly or instances where the child will clearly need ongoing care, then it's time to get an attorney. A Cincinnati based personal injury law office should be able to tell you during a consultation if there's anything that you truly have for a case. There will be disappointing times when someone doesn’t have anything to pursue compensation on, meaning that they’ll be left with the medical bills.

Reach out and talk to a personal injury attorney at Young, Reverman & Mazzei. When you have doubts about liability, our attorneys can clear it up quickly.

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