Every parent wants their children to be safe while at school. Because they spend multiple hours at school for most of the year, injuries are inevitable. While some of these injuries are due to accidents and unintentional, some are intentional and due to the actions of others. But who is at fault and when school injuries happen?
The School Administration
While no one wants them to happen, intentional injuries are common in schools. They often take the form of assault, harassment, bullying, and abuse by other students or school employees.
Every school has a duty to keep its students safe, and the school administration is supposed to put measures in place to ensure this is the case. If the people responsible do not set up such rules or do not enforce them, they could be at fault if a child is injured at school.
There are numerous examples of parents who have sued for the assault and bullying of their children, whether the administration did or did not know what was going on but failed to intervene.
The School District
The school district should conduct thorough background checks to ensure everyone they hire can be an educator or be allowed to work in a school. Unfortunately, some of them fail to do this, leading to cases where school employees harm students.
If this is the case, the parent(s) should hire an attorney as soon as possible to hold the school district responsible. They can also include multiple parties in the lawsuit to get justice and hold all of them accountable.
The Bus Company
Some school boards contract bus companies to transport children to and from school and on field trips. As with school employees, these companies are responsible for the children deemed to be under their care when they ride on their buses.
Although the school board has authority over the company and its driver(s), parents can still hold the driver responsible if they get into an accident that leads to children getting injured. It is important to note that the ability to do this will vary by jurisdiction and depending on the specific circumstances.
Every gym class presents a risk of student injury no matter how small. Gym teachers should know these risks and understand which activities are appropriate for the children in their classes. Children under certain ages should not do certain exercises or engage in specific activities.
Gym teachers must consider this when making their lesson plans. If they push children to do activities where they get injured, they are at fault and could be held liable.
They are also liable if they do not show their students how to do specific activities safely. However, they are not at fault if they can prove they showed the child how to do it safely and they still got injured, likely due to an accident.
Who is at fault for a child’s injury at school depends on specific circumstances. Different parties can be at fault, and you have every right to sue for their injuries. Our personal injury attorneys at Custodio & Dubey LLP can help you sort through details so you can hold the right party responsible.
You can visit our offices at 445 S Figueroa Street Suite 2520 Los Angeles, CA 90071 to discuss your case.
You can also call now for a free consultation on (888) 200-9431 and talk to an experienced personal injury attorney.