If your child is seriously injured at school, you may wonder whether the school is responsible for your child. After all, when you send your child to get an education, you expect them to stay safe. If your child is injured, do you have a claim against the school and other parties?
In Hollywood and in Florida, you may have a claim against the school and other liable parties if your child has suffered a serious injury due to negligence or recklessness. You may have a claim if:
- Your child was bullied. If your child was bullied and the school knew or should have known and did not take appropriate action to the point the bullying escalated until your child was physically injured, you may have a claim.
- Your child suffered a sports injury. If your child suffered a head injury, fracture, or other injury while playing a sport or while taking part in physical education classes, you may have a claim if the coach, teacher, or others in charge of your child did not provide adequate safety support or did not properly respond to any potential hazards.
- Your child suffered a slip and fall or other injury. If your child’s school hasn’t properly maintained safety precautions or properly maintained the buildings and this leads to slip and fall and trip and fall injuries, you may have a claim.
- Your child suffered from violence. In a school tragedy where one individual harms others, a school may be held liable if they did not take steps to keep children safe or did not properly secure the premises.
- Your child suffered a pedestrian injury, school bus injury, or car accident injury. If your school does not have a drop-off zone or an area where children can be kept safe from cars and drivers, they may be held liable if your child is injured on or near the property. The school may also be held liable if your child is injured in a school bus accident.
- Your child suffered an injury while taking part in school or after-school activities. Even when your child is not on school property and is taking part in school-related activities such as field trips and extracurricular events, it is expected that school personnel will take reasonable steps to keep students safe. If under trained bus drivers are hired or if inadequate supervision causes your child to be injured, you may have a claim.
In general, to have a child injury claim against the school, you must be able to show that school personnel or other liable parties acted in a negligent or reckless way. Secondly, you must be able to prove that this behavior led to your child’s injuries and that your child suffered damages. If you can prove these two things, you may be able to seek compensation for your child’s medical bills, pain and suffering, and any related losses or damages. In addition to the school, others may be named in the lawsuit if they were liable. School bus drivers, the school district, specific school personnel and others may be named in a lawsuit.
To prove negligence, injury, and recklessness, however, is challenging. You need to work with a qualified personal injury attorney in your community to help establish a strong case. If you’d like to speak to a personal injury attorney with experience in child injury cases in Homestead, Hollywood, and across South Florida, contact Flaxman Law Group for a free, no obligation case consultation.