Was Your Child Injured at School?

No child injury should not be taken lightly. In a recent year, more than 7,000 children and teenagers died from unintentional injuries. That equates to about 20 deaths daily.

You think that when you send your child to school, you are sending them off to a safe place. However, your child might be hurt while at school, and you may not know what to do.

Determining liability will depend on the circumstances behind your child’s injuries. If your child has been injured at school, The Cartwright Law Firm is here to provide you with the legal support you need.

Common Causes of Child Injuries

There are several hazards at a school that can put your child in harm’s way. A child may suffer an injury at school due to any of the following causes:

Slips and falls

More than 8,000 children are treated for falls in the ER annually. Children are prone to slip and fall already, due to their tendency to forget to tie their shoelaces or because of a lack of coordination. However, hazards can increase the risk of falling at school, such as slippery floors, uneven services, dark stairwells, or dangerous playground conditions.

Being struck by an object

Children who play sports are at a higher risk of being struck by an object. If a child is playing a team sport, there is a risk of being hit accidentally by another player in the course of practice or a game. Sports with the highest risk of injury are basketball, football, soccer, and baseball.

Physical Fights

While more common in a high school setting, the reported number of fights for students in grades 9-12 has decreased in the past decade. Fights may include both aggressors and unwilling participants. Given the circumstances, assault charges may be filed.

Male participants are usually higher than female participants. In a single year, 28% of males admitted to being in a physical fight, compared to 15% of females. When it comes to fights in school, a reported 11% of males participated in a fight, compared to 4% of females.

Food Poisoning

Whether it be a lack of safe storage or tainted meat, children may be exposed to contaminated food at the cafeteria. It is the school administrator’s duty to ensure that your child is not being served food that will endanger their health.

Cuts and puncture wounds

Playground injuries may be the result of “roughhousing,” but also may be caused by broken equipment or a lack of adult supervision.

Although a cut or scrape may seem harmless, your child should be monitored for the following symptoms:

• If your child was cut by a dirty or rusty object
• If your child’s wound is deeper than ½ inch
• If your child is experiencing a numbness or tingling sensation
• If the wound site contains dirt or debris
• If the wound is exhibiting signs of infection (swollen, red, painful, or increased warmth at the injury site)

If your child is experiencing any of the above-listed symptoms, you should seek medical treatment immediately.

Who May Be Liable for Your Child’s Injuries?

Determining who caused your child’s injuries at school can be complicated. Often, there are conflicting accounts of what took place, and it may be difficult to get to the truth of the matter.

School injuries may be caused by a lack of adult supervision, the failure of the school district to take proper care in preparing food or maintaining safe equipment, or the physical act of another student.

A wrongful act caused by another person is known as a tort. A tort is a civil wrong that causes another person to suffer harm. It does not involve breaching a contract but rather an infringement of a person’s rights.

While torts generally fall into three main categories, at school, the most common torts are intentional torts and negligence torts.

Intentional Torts

An intentional tort is when a person intentionally harms another. An intentional tort could be the result of another student bullying your child (verbal or physical) or through inappropriate actions of a teacher or administrative staff.

If your child was pushed off the monkey bars by another child, the parents or guardians of that child could be held legally responsible if your child sustained injuries. A supervising teacher may also be held responsible if he or she is not watching your child, and the school administration could also be held accountable.

Negligent Torts

Most injuries at school are caused by negligence. Negligence is the failure of a person or party to take proper care in doing something. When you send your child to school, administration, teachers, and support staff have an obligation to keep your child safe. This duty is referred to as a standard of care.

If you believe that the school’s negligence caused your child harm, you will want to examine the standards of care that were violated and show evidence of what injuries or harm your child suffered.

Can I Sue a Public School?

If you are planning on suing a public school district, you will first need to file a complaint under the California Tort Claims Act (CTCA). The Tort Claims Act protects the state government from legal action.

There are exceptions in which you can file a claim against the school district. One exception is if you can prove negligence on the part of an employee. If your child was injured while under the care of an employee, then you will likely be able to recover damages.

You will need to file the claim within six months of the incident. Recovering from a public entity can be tricky, so consulting a Discovery Bay personal injury lawyer is important to understand if your claim qualifies under the CTCA.

What Steps Can I Take If I Wasn’t Notified of My Child’s Injury?

Schools have a legal duty to keep parents informed if their child is hurt at school. If your child was injured, a staff member is required to report the injury to the school administration.

If your child was hurt and you were not notified, you likely have grounds for legal action.

What Type of Compensation Can I Receive?

If your child has suffered any harm or loss, you may be able to recover damages. Damages are financial compensation for your hardship.

Damages may cover the following expenses related to your child’s injuries:

• Medical bills
• Physical therapy
• Rehabilitative equipment
• Pain and suffering
• Emotional distress

Contact a Discovery Bay, CA Personal Injury Lawyer Today

We assume that we are putting our children’s lives into safe hands when we send them to school. Unfortunately, teachers and other staff members do not always remain vigilant during the school day, which may result in otherwise preventable injuries.

If your child has endured trauma, it is important that you seek justice against the person who caused that harm. Contact us today to schedule your free case review.