More than 175,000 students have been sent to the hospital emergency room as a direct consequence of a school-related injury during the previous decade.
During the school seasons, children will spend a large fraction of their waking hours at school. Since children are vulnerable to injuries in school, parents trust their teachers to take care of them.
In the absence of their parents or guardians, it is the responsibility of the school to safeguard the students’ physical and mental well-being.
It’s only reasonable for a parent to wonder who could be legally liable if their kid sustains an injury at school or during a school-related activity. The answer to the question is context-specific and hence open to a wide range of interpretations that may require personal injury lawyers Halifax.
What Is A Child Personal Injury Claim?
A claim for damages due to a child’s injuries is known as a “child personal injury claim.” Minors cannot represent themselves in court; thus, their parents or legal guardians must do so on their behalf.
A child personal injury lawsuit is similar to any other personal injury lawsuit. During the proceedings, the plaintiff, through their personal injury lawyers, must prove that the defendant was at fault for the occurrence that injured the child.
However, there are several important distinctions between adult and child personal injury lawsuits. For instance, children do not have the same legal understanding or awareness of potential hazards as grownups. Usually, these little differences affect how the court decides the case.
Who Is Liable for Your Child’s Injuries?
The most crucial part of any personal injury lawsuit is finding who was responsible for the injury. When you hire a lawyer, you may not have to worry about doing this. Personal injury lawyers are trained to help you identify who is liable for your child’s injury.
In many cases, the liability falls on the school. This is because your child’s safety is the school’s number one priority, and they are primarily liable for any injury that could have been prevented.
However, depending on the specifics of the incident, the following are some additional persons that may be responsible for your child’s injuries:
- An adult bully or abuser, such as a teacher or coach.
- Other student’s parents if they were responsible for their child’s assault or bullying
- School vendors hired for repairs or services
- The company responsible for producing faulty classroom supplies, machines, and equipment
The Responsibility of a School Towards Your Child’s Safety
Every educational institution has a moral and legal obligation to provide a safe learning environment for its students. That obligation involves doing all in one’s power to keep children safe from immediate danger.
As soon as a school administration becomes aware of a potentially hazardous situation, they must immediately remedy it. For instance, if a kid trips on an uneven section of a walkway, the school must have it fixed immediately to prevent another child from getting injured.
This obligation is called the duty of care under personal injury law.
Due to its duty of care, a school may be held accountable for injuries sustained by students on campus if it does not take reasonable precautions to keep them safe. To get compensation from the school for your kid’s injuries, you must show that the school was negligent in its duty of care for your child.
The Doctrine of the Prudent Instructor
Courts use the duty of care an institution owes its students and the prudent teacher theory to establish whether or not an educator or educational institution acted negligently.
The concept considers the actions that a similarly situated instructor would have taken in the event of harm. The school may be held accountable for a student’s injuries if it is shown that the teacher’s actions or inactions under normal conditions might have avoided the injury.
Courts will usually consider the following when evaluating the teacher’s judgment:
- Could the incident that injured the youngster have been anticipated?
- Has the school developed a comprehensive strategy to ensure the safety of its students?
- What precautions did the educator take to ensure the child was safe?
School-Related Intentional Harm
Acts of intentional violence are those that a person plans ahead of time and then carries out with the intent of harming another. In schools, violence, battery, false incarceration, and sexual abuse are all examples of purposeful injury.
When a child suffers intentional harm at the hands of a school employee, whether a teacher, coach, or another adult, the victim’s parents typically file a civil complaint against the individual and, in some situations, press criminal charges.
Personal Injury Cases in Public and Private Schools
Your child’s school is a government agency under state law if it is a public school. As a result, filing an injury claim or lawsuit related to the occurrence is subject to stringent processes. The legislature of a specific state often establishes such regulations. You may need the services of personal injury lawyers to get compensation.
If your child was hurt in a private school, you might be able to file a personal injury claim against the school or its owners. Bringing a lawsuit against this kind of organization often does not need compliance with any unique procedural restrictions.
A personal injury lawsuit in civil court may be filed in most states if you suspect a private school or one of its workers caused your child’s injury.
How to Handle Your Child’s School Injury?
You can do the following essential things to strengthen your case child’s personal injury lawsuit.
1. Consult Personal Injury Lawyers
Get your child to a hospital for treatment first. After that, see a lawyer immediately. Your personal injury claim may be barred beyond a certain period called the statute of limitation. This is more important for public schools as they have a shorter statute of limitations.
Take photographs of all the school-related injuries. Document the healing process with close-up and far-away photos.
Get a statement or contact info from anybody who observed your child get injured. If another student or instructor saw your child’s injuries, their evidence may be vital to your lawsuit against the school.
If your kid was wounded at school and you wish to sue, maintain thorough records of the injuries, medical expenses, and other expenditures. Keep note of medical, counseling, and additional costs for your child’s injuries. Remember to account for any money you lost because you stayed home with your child.
Depending on where, when, and how your kid was injured, you may need to sue the school for negligence by an instructor, employee, or another student or school employee. If you sue the school, they will have lawyers, so you should consider getting on yourself.
Besides, filing paperwork, evidence, and witnesses to prove carelessness might take time. Sovereign immunity further complicates the complex procedure of launching a personal injury case.
Talk to a lawyer experienced in school accidents if you have questions about whether or not your kid’s school may be held liable for an accident involving your child.