Parents entrust their children to those in charge in school to ensure that their children are receiving a good education, along with providing them with a safe environment. What would happen if a child would suffer an accident at school premises? Accountability would fall on whom? What factors would influence liability? Throughout the country, there are about 14 million children that suffer an injury, more than a quarter being within a school property. The reason for that statistic is that children spend more time at school than they do at home, leaving them more susceptible at enduring an injury during school-related activities.
The natural instinct of a parent is to find out who is responsible for the injury sustained by their child. There are specific facts and circumstances associated with who would be found liable for an accident at school. Every law and regulation in accordance with accidents occurring in schools have been studied by the attorneys from Percy Martinez Law Firm. They will examine and compile every piece of evidence to determine who would be held accountable for the child’s injuries.
Injuries on school premises can include food poisoning, a vehicle accident in a school bus, accident while on the playground, slip and fall, asbestos exposure, injuries during recess, and injuries during physical education, just to name a few. An injury surging from any of these activities can be severe in nature, and even life-threatening. Security and prevention must be exercised by the school and their employees.
Liability for School Injuries: Facts to be Considered
Determining legal liability after an accident took place school grounds requires a few things to be considered. Here are some things to keep in mind:
Did the accident derive from an intentional or negligent act?
Intentional acts can include bullying and even abuse by teachers. In the case of bullying, the parents of the offender might be liable for the victim’s injuries. In addition, the school might hold a role of responsibility for failing to prevent the bullying from happening. Likewise, if a teacher or employee of the school was abusive towards the child, the school district may have the blame fall on their shoulders because they may have failed to properly investigate and conduct a background on their employee. Even if it was a negligent act, an individual or the school can be held responsible.
Negligence within a school can manifest during various circumstances like during the transportation of the child on the school bus. If the driver was negligently driving, was not properly trained to conduct a bus, or was maneuvering a defective bus, this would be considered acts of negligence. Another example would be a slip and fall. Slip and fall in school can derive from handrails that are not properly maintained or snow and ice that has not been cleared ours by the school.
Is the school a private school or a public school?
This is another fact to keep in mind. Public schools are considered to be a governmental property, which will require very strict guidelines to follow if a parent plans on suing a public school. In contrast, a private school does not have such strict guidelines.
Injuries that a child endures while in school will almost always be the legally responsibility of the school regardless of how or where the accident took place. Speaking with a lawyer that deals with accidents occurring on school grounds is the best course of action to take in ensuring that the claim is done properly.
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