Injuries that happen to kids at school can raise the question of who will pay the damages. It can be hard to provide proof that determines responsibility when an injury occurs on school property. You will be best served to retain a personal injury attorney right away to help you. However, these questions may help you decide if you want to ultimately move towards a lawsuit:
Was the Injury Due to Intentional Behavior?
One thing to think about is if the action that caused the injury was on purpose or an accident. An intentional injury will occur in cases related to fighting, bullying, or harassment. If the injury happened due to the intentional action of another student at school, the parents of that child will bear the bulk of the responsibility. If the school was complicit in that they knew that your child was being bullied and didn't act to stop the injury from occurring, you can then also possibly hold the school responsible. Your attorney will get involved and flesh out all the evidence in a case like this to ensure that the responsibility is properly placed.
Was the Injury a Result of School Negligence?
Injuries happen at school due to negligence in many cases. Negligence can be established when certain standards fall below a certain range of overall safety. If your child is playing on playground equipment that is in ill repair and gets hurt, this would be a case of negligence. A school is ultimately responsible for making sure that the environment is safe for children.
Did the Injury Happen at a Private School?
A public school is ultimately governed by the state, and lawsuits regarding injuries will be regulated by the state officials. Private schools govern themselves, which can make a lawsuit somewhat easier as there is not as much red tape an attorney has to go through. Your attorney would work with the governing board of the school to get to the bottom of the case. If you have a very strong case where you have solid proof that the school was negligent and it resulted in your child's injury, the case has a high likelihood to end more quickly when dealing with a private school.
It is important to be diligent if your child is injured at school. The details of the case can quickly fade when you are dealing with the recollections of a child. Make sure your child gives the details of the incident as soon as possible so it is all on record.
Hello, I'm Phillip Kerr and I just love the legal profession and courtroom drama. Have you ever watched judge shows on TV? I know that these shows are not an accurate representation of the courtroom, but there is something you may have noticed. Some individuals come into the courtroom well-dressed, articulate, respectful and with the knowledge and documents necessary to support a case, while others come unprepared, slovenly dressed and appear as if they do not have a care in the world. How you present yourself and the knowledge that you have of the law will have an impact on how you are treated, even if you have legal representation. This blog is designed to assist those who are going to trial in doing just that.