Gaining Compensation For Child Injuries At School Can Be Complex
ShareChild injuries at school are a sad, but common occurrence. However, just because something happens frequently, does not mean that it is okay, nor does it mean that someone should not be held accountable. For parents of children who have been injured at school, this statement rings true. Yet, several complexities present themselves with these sorts of injuries; here are some of them.
Source of Injury Is Critical
Child injuries at school generally fall into two categories. Either the injury was the result of the negligent action of the school or staff or the injury is the result of an action taken by another student. However, parents should also remember that there is a third category; another student can be to blame, and the school can be negligent at the same time.
For instance, consider a scenario where a student and their parent have repeatedly made complaints about aggressive behavior from another student, and the other student ultimately ends up hurting the child. In this case, not only could the parents of the aggressor be to blame, but the school also holds some responsibility since they failed to act to avoid this sort of outcome.
Timing of Injury Matters
When the injury occurred is also important. Schools have plenty of guidelines that determine when they are responsible for children and when they are not. For example, if a child is injured on a school playground after the school day, the school may be able to escape responsibility.
The same is true when it comes to after-school activities. Even if a child is injured during a school-sponsored activity that takes place on school grounds, if they signed an injury-waiver, it could make the claims process more challenging.
School Status Has an Impact
Schools are generally either public or private. With a private school, the school is more or less a corporation. However, public schools are considered government entities. As a result, if a parent wants to file suit against the public school, they are, in essence, filing suit against the government.
To say that these sorts of cases are long and challenging would be an understatement, as the government has all sorts of loopholes to safeguard themselves and dedicated legal teams to protect their interests. Success in this sort of scenario greatly rests on the help of a personal injury attorney.
An attorney will help your family every step of the way. Do not hesitate to seek assistance to help you navigate this personal injury matter.