According to studies completed by other states, more than 14 million child injuries occur every year throughout the United States. Over 25 percent of these injuries happen in or around school property. This isn’t exactly surprising, as kids spend most of their days in school, or at school-related activities, though it’s still a difficult issue.
If you have a child who was injured at school or during a school-related activity, you will want to know who can be held legally responsible. Like any sort of case dealing with liability and injuries, your case will be unique and the outcome will heavily depend on the specifics of your case. Call The Heslin Law Firm to speak with an experienced child-injury lawyer at 215-332-0300.
Intentional Act vs. Negligence
An example of an intentional act that causes injury includes bullying, which is when a child physically harms another child. It can also be harm that is inflicted by an adult.
In a bullying situation, the parents of the bully can be held liable for injuries depending on the circumstances of the harassment. The school can also be held liable if they fail to resolve the issue or if they had reason to know the bullying was taking place and didn’t do anything about it.
If an adult employee is the offender, the school district can be held liable for failing to conduct a proper background check, or failing to provide supervision and/or training. Many of these issues fall into the category of negligence. If the injury to the child was not because of an intentional act, but rather an accident, it can still argued that the school failed in some way to keep the child safe.
Acts of Negligence by a School
While at school, children’s needs are provided for by the school. They are obligated to provide shelter, food, transportation, and a safe environment. With that said, there are many ways in which a school fails to live up to their responsibility.
Generally, if a school does not live up to their responsibility of providing proper care to a child, and the student is injured as a result, the school can be deemed negligent.
Below are some examples of how injuries can happen due to possible negligence
A school bus accident could involve:
- Bus driver or school district deemed negligent.
- School district fails to properly train bus driver.
- Bus that is improperly designed or malfunctioning.
- The other driver’s involved in the crash is negligent.
- failure to provide adequate supervision by employee.
- Playground equipment is defective or dangerous because of improper maintenance or bad design from manufacturer.
- School prepares food improperly.
- Vendor or manufacturer provides tainted food.
Slip and Fall
- Improperly maintained equipment on the premise, or improperly installed equipment.
- Snow or ice related falls due to the school not clearing property.
Private and Public Schools
If you child is attending a public school, the school is considered a governmental entity under state law. Since it is government-related, there are very strict rules to follow if you are bringing forth a child injury case. These rules are usually laid down by the state legislature.
If your child belongs to a private school, it’s possible that they’re a non-profit organization. For the most part, there usually isn’t a special procedure to follow when bringing forth an injury claim. If you think a private school or one of its employees acted negligently and thus caused injury to your child, you can proceed by filing a personal injury lawsuit in your state’s civil court system.
Philadelphia Child-Injury Lawyer
If you’re a parent and your child has been injured due to negligence at school, call Philadelphia lawyer, Gary Heslin at The Heslin Law Firm to schedule a free consultation. Call 215-332-0300.
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