Schools and their staff have a responsibility to supervise children who are under their care. Also, they have a duty to maintain an environment that is considered “reasonably safe” for the children.
Unfortunately, the negligence and carelessness of teachers, coaches, administrators, maintenance workers, and teacher’s aides (along with other school employees) have resulted in serious and often-devastating injuries to school-aged children.
Caregivers and parents rely on private and public schools to watch and care for their children.
Even though schools are not responsible for all injuries or problems, schools, their employees, agents, and even the volunteers are responsible for any injuries to a child resulting from negligence.
When these injuries occur, it may be beneficial to contact our legal team at Fetterman Law for assistance. Our personal injury lawyer can review your case and help determine if you deserve compensation.
Understanding Negligent Supervision in the School Setting
When it comes to school accidents and injuries, you must prove negligence just like other personal injury cases. In these cases, it’s necessary to prove negligent supervision.
In a school setting, cases of negligent supervision typically require these elements:
- The existence of a school-student or teacher-student relationship results in the legal duty to provide supervision for the child.
- Negligent breach of this duty is the failure to act reasonably based on the circumstances.
Additionally, the injuries must have been caused by the negligence of a teacher or school employee.
It’s necessary for the personal injury lawyer you hire to evaluate every case on the unique facts and situation. They must also apply all state laws and regulations.
Our legal team understands how important the welfare, health, and safety of children are. As a parent of an injured child, it is important to understand the responsibilities of the school when it comes to accidents and injuries of students.
What to Know About School Injuries and Your Legal Rights
Usually, a child advocate or personal injury lawyer will request the following information regarding a situation that occurs at school or during a school-sponsored activity or event.
- The date of the incident.
- Where it occurred (the school, state, county, and city).
- The actions or inactions of the school or employees that resulted in the injuries.
- What the school could have done before the incident to avoid the situation.
- Any witnesses to the situation or event.
- Statements from administrative staff or teachers at the school related to the incident.
- Injuries were sustained by the child because of the incident.
If a child sustains an injury while at school, there are a few options for parents when it comes to handling the situation. A parent can use one of these options or all of them, it is up to their discretion.
Talk to the Teacher
Parents can speak to the teacher for minor incidents or injuries. In these situations, the goal is to ensure the future safety of the child. In some situations, this step is enough for parents and gives them assurance the matter has been addressed.
While this is true, teachers don’t have the authority or power to offer restitution or compensation for injuries. They can, however, work to prevent future incidents and injuries.
School Administration
If the teacher can’t or won’t act or does not see how serious the matter is, the parent can take it a step further and speak to the school administration. While these individuals can’t provide restitution or compensation for the injuries, they can work to ensure future incidents and injuries do not occur.
School Board
If neither the administration nor the teacher acts sufficiently, parents can take the matter to the school board. This will not result in compensation either but can alert those in charge about the situation.
Criminal Proceedings
For situations where the child’s injury occurred from reckless or intentional conduct of a school employee or another student, the District Attorney or State Attorney may investigate or prosecute the situation as a criminal matter. With a criminal proceeding, compensation can be provided for medical costs and other related costs. No compensation for pain and suffering is typically awarded.
Civil Proceedings
Due to the complexities of the law related to injuries to children in schools, it’s smart to hire a personal injury lawyer if you decide to pursue a civil claim to receive compensation.
If this is the option you choose, our legal team is here to help. We have years of experience providing superior representation for situations and cases just like yours. You can count on our legal team to fight for your rights and help you recover the maximum amount of compensation possible for the injuries, pain and suffering, and other related costs.
