School Accidents: Who is Held Responsible?
Children get hurt at school all the time. They come home with bumps, scrapes, bruises, and more. But sometimes they experience far more serious injuries. When a major injury happens, who is liable for those injuries and what it may cost the child, the parents, and others involved? Can injuries like this be prevented?
Accidents do happen, and sometimes you simply can’t do anything about them. And for those, you likely can’t point a finger as to who is to blame. But there are many accidents that occur because of some sort of negligence. Those are the accidents that we’re concerned about here.
If your child has suffered an accident at school from someone else’s negligence or hazardous conditions, you may be able to seek compensation with the help of slip and fall lawyers in Sacramento.
Common School Accidents
Kids can get pretty wild, right? When they’re at play, they are often fearless. From competitive sports to simply wanting to let loose some of their pent-up energy on the playground, a lot could go wrong if they aren’t monitored and play equipment isn’t properly maintained.
These are some of the most common school accidents that happen:
- Recess or gym incidents
- Slips and falls
- Sports accidents
- Physical fights
- Cafeteria incidents, such as food poisoning
- School bus accidents
- Toxic chemical exposure
- School employee intentional harm
- Natural disasters
If these incidents lead to injuries because there are hazardous conditions, lack of appropriate action on staff part, or even downright negligence from administration, teachers, and other personnel, then you could have a case.
Keep in mind that accidents can happen and it generally is not any one person’s fault. However, there are plenty of times when someone, such as the school or an individual, might be held liable.
Responsibility of the School to Your Child
When you send your child to school, the school has a certain responsibility to protect them and keep them safe. School is required, and you are entrusting that facility and the staff with your child’s care for much of the day. Schools are expected to uphold a standard duty of care. And when they fail to do so, that is when you could have a lawsuit.
Duty of care requires the school to provide reasonable protection from known hazards that might cause injury or death. This includes the following (but is not limited to):
- Repair any dangerous condition right away
- Provide supervision when in school care
- Notice possible hazards and take care of them before an accident occurs
What Can You Do When a School Accident Occurs?
When a school accident leads to a personal injury, the first step is to determine whether or not this could have been preventable based on the duty of care. If the school could have provided better care and kept your child safe, they may be held liable for the injury.
In these types of cases, you can seek both economic and non-economic damages for compensation. These are some of the eligible damages:
- Medical expenses
- Mental health treatment
- Emotional distress
- Lost wages for care
- Rehabilitation and therapy expenses
- Pain and suffering
- Wrongful death
If you choose to pursue this case, it will be necessary to prove negligence on behalf of the school or a staff member there. Hire an experienced slip and fall lawyer in Sacramento to help you understand your options and walk you through the case process to receive compensation.
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