It’s no surprise that thousands of school and playground accidents occur every year. Although most are minor, sometimes a child can be seriously injured. If your child has been hurt, and you suspect it was caused by poor supervision or abuse while at school, please contact our Phoenix school injury lawyer immediately. We will schedule a free consultation with you to evaluate your case and advise you on your legal options.
First and foremost, take care of your child and have them seen by a physician if they are not already at the hospital. Depending on the severity of the injury, the school may call you and ask what you want to do.
When your child is injured, the school district must be notified. Check if the school has filed a report, and if not, ask for a form. This is a vital step, due to the state’s statute of limitations, which creates a deadline for how long you have to file a claim.
There may be instances where you have signed a waiver releasing the school from liability, for example, if your child plays sports. However, there may be exceptions to this type of contract. An injury attorney who has experience handling cases involving injuries at school will be able to advise you on whether the waiver is binding in your child’s specific situation.
When playground and school injuries occur, parents often wonder who should be held responsible. Schools are required to take reasonable steps to ensure the safety of students and staff, but that does not mean that a school is liable for all injuries that occur there. They may not be responsible, for example, if a child is running and trips. For the school to be liable for damages, it must be proven that there was negligence involved, resulting in the injury. Whether it was a wrongful action, or a failure to take action. Some examples of instances where a school may be held accountable are:
In some situations, a school may not be responsible for an injury caused by an intentional act, whether it was by an adult or a student. An intentional act, for instance, could be one student punching another student in the face. In such a case, the assaulting student and his or her parents may be liable.
When a school is found to be liable for an injury, parents may be able to recover compensation for the medical bills, lost time at work, emotional distress, and other costs created by what happened.
Our team at Torgenson Law is dedicated to making sure your child receives fair compensation for injuries suffered in a school setting. Let us help you, call (602) 759-0012 to request a free consultation today with one of our school injury lawyers in Phoenix.