Schools play a crucial role in providing a safe environment for children, offering not just education but also food, shelter, transportation, and supervision. However, accidents can occur unexpectedly, and children may find themselves injured while under the care of the school. In such situations, it becomes essential for parents to understand who bears responsibility for their child's injury.
Understanding School-Related Injuries:
According to the CDC, over 200,000 children under 14 sustain brain injuries annually, with a significant number occurring in the school setting. Playground injuries account for a considerable portion, with 56% resulting in fractures and contusions. The overall rate of emergency room visits for school-related injuries continues to rise, emphasizing the need for accountability when children are harmed.
Determining Liability Through Negligence:
When a child is injured at school, during a school-related event, or under school personnel supervision, establishing negligence is crucial for holding the school or staff member responsible. This involves proving that the school had a duty of care, that this duty was breached, and that the breach directly caused the child's injuries.
Common School Injuries:
- Scrapes and Bruises:
Everyday play can lead to minor injuries, but negligence may be a factor if supervision is lacking or if defective equipment is involved. - Head Injuries and Concussions:
These serious injuries can occur during various activities, such as sports, play, or even slip and fall incidents, requiring careful examination of the circumstances. - Sprains, Strains, and Dislocated Joints:
Inadequate supervision during physical activities or poorly maintained facilities can contribute to these injuries. - Fractures or Broken Bones:
Playground accidents, sports mishaps, or slip and fall incidents can result in fractures, raising questions of premises liability.
Holding Schools Accountable:
Playground injuries often raise issues of premises liability, as schools are expected to maintain safe equipment. Negligence in inspecting or repairing playground equipment may make the school liable. Slip and fall accidents due to broken handrails, slippery floors, or faulty bleachers are also common. Schools have a responsibility to keep children safe, and if this duty is breached, they may be held responsible.
Seeking Justice for Your Child:
If negligence is established, parents may pursue legal action against the school district or personnel. Successful lawsuits can result in damages to cover medical expenses and losses incurred by the child and their parents. Holding schools accountable ensures not only justice for the injured child but also prompts improvements in safety measures to prevent future incidents.
Parents entrust schools with the safety of their children, expecting a secure environment. When an injury occurs, understanding liability through negligence becomes crucial. By holding schools accountable for breaches in their duty of care, parents can seek justice and contribute to fostering safer educational environments for all children. If your child has been injured at school, consult with Taylor and McDowell Law at (985) 359-9100 to explore your legal options and protect your child's rights.
