More than 14 million child injuries occur each year throughout the country. Of these injuries, more than a quarter occur in or around school property.
This statistic is not surprising, given that during the school year, children spend a far greater percentage of their waking hours in school or at school-related activities than anywhere else.
If your child has been injured while either at school or during a school-related activity, it is natural as a parent to want to know who might be responsible in the eyes of the law. The possible answers to that question are varied and depend on the particular facts and circumstances of each situation. Please be careful the school you pick and carefully monitor the school to make sure it is safe in all respects for your children.
Was the Act Intentional or Negligent?
This is the first question that must be answered in determining who is ultimately responsible for the injury.
Intentional torts might include an instance of bullying, where a child physically harms another student. However, it can also take the form of harm inflicted by an adult, such as where an adult employee of a school abuses a student.
In the instance of bullying, the parents of the offending student may be liable for the injury depending on the circumstances of the harassment, but there are limits to their liability. The school may also be liable for failing to stop the harassment if it had reason to know the bullying might take place, but there also qualified immunity protections the schools and the municipality have
Similarly, if an adult employee is the offender, the school district might be liable for failing to conduct a proper background check, or failing to offer appropriate training or supervision. This is also subject to qualified immunity defenses by the school and the municipality. Read More
Anyone who has been injured because of the negligence of another may be able to successfully pursue a legitimate legal claim. It is important to speak with a lawyer who understands the law surrounding personal injury and liability. That's why you would be very wise, indeed, to contact Tindall Law Firm. We are experienced attorneys who will be happy to provide you with a free case evaluation. Visit us online http://www.tindall-lawfirm.com/ or call 203-755-0018