Who is Liable if Your Child is Injured at School?

Nov 06,2017

Every parent expects their child to have a safe learning environment, but unfortunately, some children get injured at school. Sometimes these injuries are unavoidable and occur by accident. But others are preventable, and occur due to negligence or lack of supervision. If your child is injured at school or during a school-sponsored activity, is the school liable?

As with most liability cases, it depends on the specifics of the case. School officials act in loco parentis—in the place of parents—when children are in their care. Thus, they are responsible for maintaining a safe environment and to prevent foreseeable dangers.

Premises Liability at a School

Injuries caused by dangerous conditions such as unsafe playground equipment, slippery floors, mold and other hazardous physical conditions can be grounds for a premises liability case. To pursue a premises liability case, you must first determine what party was in control of the property. In the case of a school, the school district would be the responsible party. The person injured must be someone who was expected to be on the property. Students obviously qualify as expected visitors. Lastly, you must prove that the party in charge of the premises was negligent. The school officials knew or should have known of the danger, yet they failed to take protective measures.

Was it a Foreseeable Danger?

Foreseeability is often a significant factor in school liability cases. If the school knew about or should have reasonably known about a defect on the playground that led to your child’s injury, they might be liable for failing to do anything about it. Or if a school knew about a bullying issue but failed to address it, they could also be liable if that bully purposely injured another student during a school activity. Even if the school was unaware of the bullying problem, they could also be liable if the attack occurred where there was no adult supervising the students.

“Parents should be able to count on schools to keep their children reasonably safe. When an injury occurs because of school negligence, responsible parties should be held accountable,” said Attorney Walter Clark, founder of Walter Clark Legal Group.

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured and want to discuss your legal options, contact us today for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, and Yucca Valley and represent clients through the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.