Since your child was under school supervision, it may seem obvious that the school is liable for anything that happens to them. However, like in all personal injury cases, your attorney will need to prove either negligence or malicious intent.
Negligence on the school’s part can be defined as failing to properly maintain playground equipment or to properly follow health protocol. Your child may fall on ice and break their leg due to the school’s negligence in maintaining safe sidewalks. Your child may also get severe food poisoning from the cafeteria or develop breathing problems from poorly maintained vents. These would all be cases where you sue the school for negligence.
Personal injury due to intent would occur through bullying, whether it’s from a student or teacher. If your student was injured in a fight with another student, you can still contact an attorney, but you would pursue a case against the other child’s parents instead of the school. If a teacher physically hurts your student, you would still sue the school.
The school also owes a special duty of care for students under their supervision. This involves giving proper background checks to teachers and administrators that they hire. If the staff member who hurt your student has a prior record of domestic violence, sexual abuse, or pedophilia, you have a very strong case to get compensation for physical and emotional damages. You’d assume that your school district would take accusations of sexual abuse seriously, but that’s not always the case, as they often fail to report allegations to authorities and allow the abuser to continue in their position.
Your child’s physical and emotional well-being are keystones to their stability as an adult, so your school must take their safety seriously. Unfortunately, not all school districts are concerned with safety. When your child gets injuries at school, you should reach out to a Sherman Oaks personal injury attorney from Okhovat Law to get damages owed to you. Set up a free consultation with one of our lawyers to get an idea of what your case against the school district will look like.