Who Is Liable If My Child Was Injured at School?
Schools were once considered a safe haven for both children and parents. No one worried about leaving them there for the day, and serious accidents seemed relatively rare. Over the years, however, violence and negligence have become commonplace in classrooms, on the playground and in transit to or from school.
According to the U.S. Centers for Disease Control (CDC), approximately 200,000 children are injured each year on the playground, and most of these injuries occur at daycare facilities and schools, and 6.9 percent of students have been threatened or injured with a weapon on school grounds. In total, more than 3.5 million injuries to children occur at U.S. schools annually.
The Fall of Sovereign Immunity
Not so long ago, most schools in the U.S. were considered subdivisions of the government and, as such, enjoyed the privilege of sovereign immunity. This meant that schools were immune from lawsuits and exempt from damages and injuries that occurred on school property.
Today, however, with the help of personal injury attorneys, many states have overridden sovereign immunity for schools, and in certain situations, they can be held liable for its students’ injuries. Even so, each case is measured on its own merits, and the particular circumstances will determine the chances of winning a personal injury lawsuit. An experienced personal injury attorney will be able to assess the situation honestly during a consultation.
Determining School Liability
In California, schools are required to maintain a safe environment for students. Concrete steps must be taken to this end to ensure that the children are not injured or harmed while on premises or while riding school buses. In most cases, the liability for school injuries is determined by negligence, which can mean not removing apparent hazards, not planning accordingly for emergencies, a lack of supervision, deficient hygiene practices, unsafe equipment or a general disregard for school, playground or traffic safety.
If a judge or jury determines that school officials should have foreseen that an accident could occur, the school will be held liable. However, parents may also be liable for injuries that occur to their children at school.
The time limit for bringing a claim against a school is usually only six months in California, so it is important to contact personal injury attorney as soon as possible if your child is involved in an accident at school. To learn more, call 661.855.4886 or fill out our online form to schedule a free initial consultation.
