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Kids Injured At School: Can You File A Claim?
Schools are the next safest places in our homes. As a parent or legal guardian, there is a sense of trust and expectation that your kids should be safe while they are on school grounds. However, accidents and injuries can still happen even in the most seemingly safe places - schools are no exception. The last thing we want to hear from the school is our kids being rushed to the hospital due to an injury. If that dreaded situation does happen, can you file a claim? We’ll explore the legal answers to this inquiry and other related questions as we proceed.
Consult With a Personal Injury Lawyer
Certain events and situations arising from the injury can prompt a parent or guardian to take legal action against the responsible party. However, there has to be an established ground for the suit, and this is where a personal injury attorney’s assistance will be helpful. When looking for a personal injury attorney, the law firm must be within your locality, as they are more familiar with the local community, and they know the best approach to handle your case. If you are a resident of the state of Kentucky or neighboring Ohio, Internet Search Results Web results Personal Injury Lawyers in Covington, KY will provide you Kash Stilz and Pete Roush as your options for local personal injury lawyers. These lawyers have more than a decade of experience and are licensed to practice law in all state courts in Ohio and Kentucky. Thus, when you find reliable credentials such as this in your search results, there is a sense of assurance that you will be consulting with lawyers who are familiar with your situation, the area where the incident took place, and the individuals that will be possibly involved in the suit.
Determine Who is Ultimately Responsible for the Injury
Before suing or filing a claim for the injury of your child at school, one crucial question that needs to be answered would be if the circumstances leading to the injury was intentional or due to negligence. Bullying can be considered as part of the possible intentional torts, and there is also the possibility of physical harm inflicted by an adult school employee or personnel. Negligence by the school will need a thorough investigation to establish, but this possibility cannot be discounted in school injury cases.
In the event of intentional torts mentioned in the examples above (bullying and adult-inflicted harm), the issue leading to the injury may very well stem from negligence, where the school and school district may have some liabilities that led to the event of the injury.
In the event of bullying, the parents of the offending student may share the liability for the injury with the school depending on the circumstances of the bullying and if it can be established that the school failed to stop the bullying.
In the case of the offending adult employee, the concerned employee may also share liability with the school district due to its failure in conducting thorough and proper background checks or failing to provide sufficient and appropriate training, orientation, and supervision.
Negligence by the School
Your lawyer can determine if the school failed to uphold the standards of education service and safety for the child and if such failure has led to the injury incurred by the child. From hereon, there can be several instances of negligence which are cited, but not limited to the ones listed below:
Playground injuries - this can be due to defective equipment, poor playground maintenance, or lack of proper supervision of a teacher among others.
Sports injuries - this can be caused by poorly maintained equipment, improperly implemented safety guidelines, or failure in coaching or adult supervision among other causes.
Slips and falls - such incidences that happen within the school premises, and are caused by substandard school facilities, lack of safety and warning devices during maintenance and cleaning works, or improperly installed facilities among others.
School bus accidents - this can be due to the lack of proper training of the driver by the school district, negligence of the driver, a poorly maintained or malfunctioning bus engine or equipment, and other causes.
The next thing to consider is if the school is a public school or a private one. If your child is in a public school, it is considered part of the local government and just like any government agency, it is protected by a state-level type of sovereign immunity. This means that you must follow strict procedures if you want to pursue a lawsuit or injury claim over what happened to your child.
If your child is in a private school, the procedures can vary, but you will be able to request for the insurance company’s contact details from the school administrator or principal. You can also review the school’s handbook or seek the school administrator’s cooperation on how to initiate and process your claim.
Filing a claim against the educational institution that we entrusted with the education and safety of children can be the last thing we want to do. Our children are spending most of their waking hours in school and most of the weekday activities happen at school. When schools fail to uphold the standards of their services, the possibility of your child getting injured rises. Being armed with knowledge on how to handle your child’s injury at school can empower you to take proper action to keep your child safe, moving forward.