If your child comes home from school with an injury, you may be wondering if the school is liable for the injury? Here is what you need to know about school injury.
School Injury: Liability
A similar concern from many of my clients relates to the responsible party if their children are injured while at school. This is a complicated question. Schools are not ensurers of our children’s absolute safety; from time to time during the school day, children might get injured by participation in everyday activities. In the event that such an injury occurs, it is important to talk to an attorney right away about the specific facts of the case.
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School Injury: Safety
However, there may also be facts in a case that would require the school to take additional steps for safety. For instance, if a teacher planned on bringing a dangerous animal to school and your child were to get injured, the liability may be on the part of the school. If the school failed to take proper steps to protect students from a known dangerous condition on the property, this could also give rise to liability on the part of the school if your child were injured.
School Injury: Notice of Claim
While the school district is not responsible for making sure that any child ever does not get an injury on its property, the district is mandated to take reasonable steps to make sure that the risk of injuries is as low as possible. Unfortunately, there are instances in which a school or a district does not take the proper precautions, and consulting with an attorney can help you to build your case. Let your attorney know the specific facts of the case, and you may be able to file a claim against the school for the injuries of your child. Similar to public property, if a school is owned by a municipality, a Notice of Claim must be filed within 90 days of the occurrence of the injury.
If your child was injured at school, give us a call at our Hamburg personal injury office and schedule a free confidential case evaluation today.