It's every parent's worst nightmare - receiving that phone call that your child has been injured at school. According to a recent report, a fifth of all injuries in children and adolescents occur on school premises. These injuries range from minor scrapes and bruises to serious injuries requiring hospitalization. As a parent, your first reaction is making sure your child receives proper medical care. But later questions may arise about legal action and responsibility for the incident. Can you sue for personal injury if your child gets hurt at school? Here is an overview of the legal issues involved.
Injuries at School - How Common are They?
Injuries at school are unfortunately very common. Approximately 23,215 children were treated in hospital for injuries sustained in school settings between 2017 and 2019. Sprains, fractures, scrapes, bruises, and cuts are among the most common accidents. But more serious injuries like broken bones, concussions, and even fatalities can also occur on school grounds and during school activities. With so many hours spent at school, injuries are bound to happen even with safety precautions in place.
When is the School Liable?
In general, you can contact an injury lawyer and sue a school or school district if negligence on their part caused your child's injury. The Baltimore Injury Lawyers at WGK state “negligence means they failed to take reasonable precautions and fulfill their duty of care to protect students from harm, for example, if a child fell from unsafe playground equipment that was poorly maintained, or was injured doing an inappropriate hands-on science experiment, the school may be liable. But just because an injury occurs, does not mean the school is automatically at fault. Slip and fall cases and injuries during supervised sports are more difficult to prove negligence unless school staff acted carelessly.”
Considerations Before Suing
Before deciding if a lawsuit is worthwhile, consider these factors:
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Severity of injury - Minor injuries may not warrant legal action. Significant injuries with ongoing effects or medical bills may have a better chance in court.
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School's insurance coverage - Many schools have liability coverage which may reimburse medical costs without a lawsuit. Check policies first.
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Evidence of negligence - You'll need proof school staff acted unreasonably or ignored safety duties. Documentation helps.
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Legal costs - Lawsuits are expensive. Weigh potential payout versus legal fees.
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School relationship - Suing may negatively impact your child's experience if still enrolled.
Alternatives to Personal Injury Lawsuits
For less severe injuries, alternatives like these may be preferable to pursuing legal action:
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File an incident report - Creating a record of what occurred may help prevent future incidents.
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Speak to the principal - Discuss school safety protocols and possible improvements.
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Request reimbursement - Schools may reimburse expenses like medical copays without a formal claim.
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Use your own insurance - If you have coverage, use it so your child gets care quickly.
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Negotiate a settlement - This avoids court and gets compensation faster.
Having your child injured at school can be upsetting. While the law allows you to sue in some cases, consider all options and what is best for your child. Working constructively with the school may improve safety for all. But for severe injuries caused by negligence, legal action may be appropriate. Consult a personal injury attorney to understand your rights. Most importantly, focus on your child's recovery.
