Kids are prone to injuries by nature, primarily because they're still learning about and exploring the boundaries of their bodies and movement. In addition to the accidental injuries, some kids are also victims of injuries from intentional actions at school. As a result, it's important that you know the laws about children and school injuries. If your child was injured at school, you may have a personal injury case. Here are a few of the things you should consider when you're trying to decide if you need an attorney.
Can You Prove Intent or Negligence?
In order to take your case to court, you're going to need to show that your child's injury was caused from a direct intent to cause injury or if it happened due to someone's negligence. If you aren't sure, here's a look at a few examples of each.
- Intentional Actions – Bullying is perhaps one of the most common of the intentional causes of injuries at school. Nearly a quarter of students report being victims of bullying despite the popular "zero tolerance" promotions of public schools. Although most cases of bullying are between students, there are also cases where teachers and school administrators have been known to be aggressors.
- Negligence – Public schools are required to provide a safe environment for kids. In addition to supplying food, transportation and care when kids are at school, there is also a responsibility to maintain the environment to keep kids safe from injuries. For example, if your child is hurt on the playground because a piece of equipment wasn't repaired, that may be grounds for a personal injury suit. If he or she was hurt in a fall due to a lack of supervision, you might be able to claim negligence. Other cases where negligent behavior could be to blame include food poisoning from cafeteria food and bus accidents from inattentive drivers.
Who Do You Hold Liable for an Injury?
When it comes to determining liability, the process can be a challenge. In cases of bullying, not only can you hold the parents of the bullying child responsible, but you may even be able to hold the school administration responsible. If you can prove that the school knew it was happening and didn't protect your child, they may be liable.
In terms of negligent injuries, you'll have to consider who committed the negligent action. If someone neglected to do something that they should have done, resulting in an injury, that person should be held liable. Your attorney can tell you if anyone else may be liable based on the nature of the incident.
In either case, it's in your best interest to talk with a professional personal injury attorney about the case. He or she can help you navigate the detailed laws to determine eligibility.Share