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 parent or guardian drops their child off at school or sends their child to school on the bus, they trust that their child is in competent hands. Parents and guardians rely on teachers, administrative staff, and other school staff members to provide a reasonably safe environment for children. Schools do have a responsibility to keep the students under their care safe. However, despite these responsibilities, many children suffer injuries on school grounds every year.
In just about every personal injury case, we will see that the claim revolves around the negligence of one or more parties. However, the word negligence is thrown around often in these situations without being properly defined. Negligence is typically defined using four different elements, and we want to look at these four elements in the realm of school responsibility:
Our Arizona school injury attorneys understand that a child can sustain injuries in a wide variety of ways in a school setting. This can include:
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.