Whenever you send your child to school you are putting their safety into an entrusted source who will care for your child. But accidents can happen everywhere and this includes the school where your child goes to. It can be a nerve-wracking thing to have your child get hurt at school and this will certainly make you trust the school less. The main question when this happens is can you sue the school?
Read along as we discuss what steps you have to take as a parent if your child gets hurt in school.
What are the common causes of school injuries?
Kids can indeed get hurt all the time but school injuries are oftentimes preventable. There are many types of injuries that your child can get from school. Here are some of the most common ones:
- Sports injuries
- Food poisoning
- Slip and fall accidents
- Playground injuries
Can I sue the school if my child got hurt?
The short answer is yes, you can sue the school if your child got hurt or injured on the school premises. You don’t necessarily have to get video evidence of this but will be helpful in this case. The main thing that you need to determine is if the act was negligent or intentional.
What are intentional acts?
Intentional acts can include bullying from other students or employees in the school. This happens when a fellow student or an employee abuses your child and inflicts harm on them. If the bullying is from a fellow student, the parents of the offending student might be held liable. On the same line, the school can also be held liable if they failed to stop the bullying or harassment that was taking place.
If a school employee causes harm to your child, the school will be held responsible. The school can be found guilty of failing to properly perform background checks especially if the employee has had instances of bullying or harassment in the past. The school can also be held liable if they fail to provide sufficient training or supervision.
What are negligent acts?
As parents who are sending their kids to school, we are entrusting the school to keep our children safe from harm. Schools should provide education, food, shelter, and a safe environment so students can learn and thrive. Most kids spend more time in school than their homes which is why a safe environment is crucial because this cultivates their personal development and growth.
When we speak in general terms, if a school has failed to follow the standards in providing the above-mentioned services to a child, then there is neglect on the school’s part. For example, if your child got hurt from playing in the school playground, there are many different reasons for this. It can be that the playground is not properly maintained by the school and is unsafe. Another reason can be poor supervision from the teacher’s perspective.
Public school vs. private school
Another consideration that you have to think of is whether the school that your child is attending is public or private because there are nuances with each one. If the school is public, it is considered part of a government entity because it is run by the county. Keep in mind that there are strict procedures that need to be followed if you are using a public school. Because of this, it is best to enlist the services of a personal injury lawyer in the Orlando area.
On the other hand, if your child’s school is private then it is typically run by a non-profit organization or a local diocese. In these cases, there are no special procedures that you have to think of when you are using the private school. If you believe that one of the school employees is at fault or the responsible party for your child’s injury, you can file a personal injury suit in a civil court system.
If your child got hurt in school – Contact Jordan Law in Orlando today!
Getting hurt in school happens more often than you think and if this happens, you will lose faith and confidence in your child’s school. If your child gets hurt in school, contact Jordan Law in Orlando today!
Our team of legal professionals can help you with this specific situation so that you can get guidance on the best course of action to take. We are very mindful that this is a sensitive situation and as a parent, you want to do what’s best for your children. Give us a chance to be on your side and let us advocate for you and your child’s rights.