When a child becomes injured at a school, the question of responsibility for damages from the cost of injuries. In the eyes of the law, it can be hard to prove who is actually going to be held responsible for the costs involved with an injury occurring on school grounds. The assistance of lawyers is especially important in these cases. The following questions may help make the determination of responsibility:
Does It Matter if the Injury Occurred at a Public School?
A major factor in whether or not the school is liable is if the school is public. Since public schools are governed by the state, it can be more difficult to claim injury on the school system. There are strict guidelines that lawyers have to follow to sue a school for injuries.
Private schools handle these things differently. Since they are not bound by any state regulations, holding a private school responsible is less of a challenge. The governing body of the organization is who would have to handle the matter with lawyers to purse any claims.
Was it Really an Accident?
One of the first things to determine is whether or not the injuries were sustained in an accidental incident or if it was intentional. Intentional injuries occur in cases of bullying or fighting. Harassment can also be considered intentional if it results in an injury. If the injury is a result from another child at school, the child’s parents could ultimately be held responsible. If the injuries were sustained in a fight, the child might have to harbor some of the responsibility as well.
Was it Negligent?
In some cases, children can be injured at school due to instances of negligence, whether intentional or unintentional. Negligence can be established when certain standards fall below what is acceptable for the safety of the students. If someone becomes injured on faulty gym equipment, for instance, a case could be made that the school did not take all precautions to keep the children safe by providing safe equipment. In that case, lawyers may be able to hold the school liable for any injuries sustained. What could cause more difficulty for the school is if it can be proven that they knew about the faulty equipment and failed to repair or replace it.
Injuries that are sustained at school should be dealt with as soon as possible. Before the incident becomes too difficult to remember, have the child provide all the details to the lawyers. This will result in a stronger case, particularly if there are concrete details that can be proven through the use of witnesses or security camera footage. Seek out lawyers who have specialized experience in this area of the law for the best outcome possible.