Can I Sue the School If My Child Has Been Injured?

If your child sustained injuries at school, you may be entitled to sue the school district for damages. These lawsuits typically come in the form of negligence claims, and they could target a variety of people that allowed your child’s injury to happen. You could have different legal remedies for when your child is injured at school. Often, this could involve filing an insurance claim or pursuing a negligence lawsuit against the school district.

While the district’s attorney might argue that you do not have the right to pursue a case against the government, the law is on your side. If you are filing a claim against a private school, it’s similar to taking action against an individual or private entity. A personal injury lawyer can advise you of your options.

Seeking Compensation From a School District

For many years, state courts held that it was not possible to pursue a negligence case against a school district in Florida on behalf of an injured child. This decision was due to the state’s sovereign immunity laws. As the name implies, sovereign immunity is designed to protect government entities from third-party civil lawsuits, including negligence claims.

Because of a court decision in 1981, though, sovereign immunity does not block parents today from seeking compensation following a school injury. However, damages are only available to an injured child under certain circumstances.

Like with any injury lawsuit, you must establish that negligence resulted in your child’s injury.

You Must Establish Liability Against the School Following an Injury

The primary challenge of pursuing an injury lawsuit following a school accident is proving liability. After all, not every injury on school grounds will result in a viable claim for compensation.

The School Has a Duty to Your Children

The school owes a duty to your child any time they are on campus. A number of cases over the years found that in many ways, school employees step into the shoes of the parents during the course of the school day.

This means the school and its staff have a duty to supervise the children to ensure their safety and protect them from harm.

There Are Many Ways the School or Its Employees Could Breach That Duty

As a parent, you have different options available for establishing liability in a school injury case. Many parents pursue a lawsuit based on a theory of negligence. In other words, they make the case that a school employee’s negligent act violated the school’s duty to keep the child safe. This could include failing to supervise them during a dangerous situation.

These cases could also be based on intentional acts. If an employee of the school set out to harm your child, you could pursue legal action not only against that individual but also against the school.

In some cases, you might be able to hold the school accountable for hiring someone they should have known was dangerous.

Understanding How School Injuries Could Result in a Case for Compensation

There are countless ways a child could suffer an injury at school. Sometimes these injuries are unavoidable or occur due to the child’s own actions. However, negligence or intentional acts can also result in injury.

When they do, financial compensation might be possible. Some of the common ways an injury at school could result in a personal injury case include:

Falls

One of the most typical accidents in a school setting is a fall. Falls can occur after slipping on a wet floor or falling from recess equipment. A monetary award could be available for a fall injury if the accident happened due to faulty equipment or the lack of supervision.

Fighting

Fighting or other types of physical assault could also cause serious injuries. These assaults could result in a case for compensation, whether a fellow student or a faculty member initiated it.

Food Poisoning

Because the school steps into the role of the parent during the day, part of their responsibility is to ensure the children are fed.

The kitchen staff at your child’s school are obligated to provide safe food that is prepared in a clean setting. The failure to do so could result in food poisoning.

You and Your Child Could Be Entitled to Compensation Following a School Injury

You can sue the school if your child is injured, especially with the help of a personal injury attorney. School-related injuries often occur as the result of negligence, but some cases occur from an intentional act.

In either case, your attorney could work to hold the school accountable for its carelessness.

Allow Our Law Firm to Protect Your Child’s Rights

Chalik & Chalik Injury Lawyers is ready to advise you during this difficult time. Your child deserves justice, and we are ready to help them pursue it. We can handle every aspect of your child’s case while you focus on your family. To learn more about how we can help, call (855) 529-0269 for your free consultation today.

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