According to the CDC, over 9 million kids each year are whisked to ERs for nonfatal injuries. And for kids ages 14 and under, 10%–25% percent of those injuries occur while at school.
Sometimes injuries are attributable to pure accidents — incidents that can’t be foreseen and are unavoidable. Other injuries (physical and emotional) are a result of negligence or intentional tort. Intentional tort encompasses acts such as bullying, assault, harassment, and abuse at the hands of fellow students or school employees. “School employees” includes administrators, teachers, aides, coaches, medical staff, custodians, bus drivers, cafeteria workers, etc.
School officials act in loco parentis (“in place of the parents”) when children are in school and have a legal responsibility to do whatever is reasonable to keep them safe.
Kids’ well-being can be jeopardized at school in many ways. Playground injuries, school bus accidents, sports injuries, slip-and-fall incidents, exposure to toxic substances, food poisoning, and intentional acts are among them.
Schools may be held liable for faulty hiring practices, inadequate training, lack of supervision, inaction that allows a situation to escalate and cause harm (e.g., unattended bullying which leads to suicide), or a failure to maintain equipment, address hazards in a timely fashion, or implement necessary policies.
Public schools are considered government entities. Personal injury claims filed against them have more hurdles to clear than the average claim, which vary by state. Private schools aren’t government entities, but if they’re operated by nonprofit organizations or churches, unique restrictions might come into play.
Filing a personal injury claim against a school is a complex undertaking. Contact our firm for the skill, experience, and thoughtful guidance you need to achieve a fair outcome.
