Believe it or not, many children are injured while at school. In fact, over 200,000 children are rushed to the emergency room every year with playground-related injuries, and many more are injured in other ways while on school grounds. Who is liable when a child is injured at school? Here's what parents need to know:
Intentional vs. Unintentional
The first thing that parents must determine is whether the injuries occurred because of an intentional act or an accident . If the act was intentional-such as a classmate or school employee physically attacking your child-then parents may be able to recover compensation from the aggressor or the aggressor's parents. The school can also be held liable if the aggressor was an employee or a bully that the school failed to discipline.
If the injuries occurred as a result of an accident, the school can be held liable under certain circumstances. For example, if the accident occurred because your child was not properly supervised or because of a hazardous condition on the school property, the school may be responsible.
Public vs. Private Schools
Your legal options will depend on whether the school is public or private. If the school is private, the personal injury claim will typically proceed like any other. You should contact an attorney to begin the process right away.
However, recovering compensation from a public school is much more complicated. Public schools are government entities that often have legal immunity. This does not mean that the school district can never be held liable, but it does mean they can only be held liable in certain situations.
There is a certain procedure that must be followed in order to pursue a claim against a public school, which is why it's imperative to work with an attorney who has experience handling these cases. It's also important to note that you will not have as much time to file a claim if it is against a public school. Whereas you typically have two years to file a personal injury claim, if the at fault party is protected by the government's immunity, you must notify them within six months. If you don't follow the exact procedure that is required to file a claim against a public school, the claim may be thrown out.
Has your child been injured at school? If so, contact James Rush at Rush Injury Law today. James Rush is an experienced personal injury attorney who will aggressively fight to recover compensation for your child. To schedule a free consultation with our team, call 415-897-4801 or fill out the online form on our website www.rushinjurylaw.com today.