Injuires At School: Who Is At Fault?

If your child is hurt at school and the injury causes significant damages, a question arises when it comes to who is responsible. It can be difficult to prove who is going to be responsible when an injury happens on school grounds. It is important that you get an attorney to help you in cases like these, but the following questions can help you decide if a lawsuit is worth it:

Was It An Accident Or Intentional?

One thing to consider is if the child was involved in an accident or if the action was intentional. Intentional injuries occur in cases of bullying, fighting, and harassment. If the injury happened because another child at school hurt your child, the parents of the other child are going to be held responsible. You will need to work with your attorney to see if the school was also culpable in the injuries. For instance, was the school aware that your child was being bullied to the point of injury and did nothing about it? This type of situation is when your lawyer will navigate the case and bring suit to every party that had a hand in it.

Was The Injury Due To Negligence?

Some injuries occur at school because the school was negligent in some way, whether intentionally or unintentionally. Negligence is established when there comes a point that standards fall below an acceptable range of safety. For instance, if your child was playing on a swing set that was in need of repair and suffered injury, that would be a case of negligence. Schools are responsible for maintaining a safe environment for children. If your child was hurt due to negligence, you may have a good case.

What If The School Is Private?

Unlike public schools, in which lawyers must follow a strict set of stipulations when it comes to lawsuits, private schools are less challenging to deal with. Private schools are not bound by state regulations but by a governing body they choose themselves. This is whom your lawyer would have to communicate with about your child's school injury. If your case is very strong, you have a good chance of winning.

If your child is hurt at school, it is important to be on top of it. When children are involved, memories of the incident can become difficult to remember. Have your child provide details of the incident, and be sure to record them accurately. This will help strengthen your case. And talk with a personal injury attorney as soon as you can.