My Child Was Injured at School: Who Do I Sue?

Summer vacation is over, and many children are headed back to school for a new year. Schools are required to provide food, shelter, transportation, and adequate supervision for children while under their care. But, just like many other incidents, an accident can happen in the blink of an eye, even while at school.

According to the CDC, more than 200,000 children under the age of 14 sustain brain injuries each year. Most of these accidents happen to occur at school. About 56% of playground injuries result in fractures and contusions. The overall rate of emergency room visits for school related injuries continues to rise.

When a child is injured at school, during a school-related event, or under the supervision of school personnel, any parent would likely want to know who is responsible for this injury. Typically, it must be determined that the school or staff member acted negligently in order for them to be held liable for a child’s injury. This means that the school had a duty, that duty was breached, and that the breach was the cause of that student’s injuries.

The most common school injuries include:

• Scrapes and bruises
• Head injuries
• Sprains and strains
• Fractures or broken bones
• Dislocated joints
• Concussions

Many of these injuries are sustained while playing on the playground. Injuries could be a result of inadequate supervision by a coach or teacher or defective equipment. If a student has a playground equipment related injury, an issue of premises liability is raised. Because it is expected that children will be playing on this equipment, the school has a duty to keep all equipment safe for use. A school’s failure to inspect the equipment or make any necessary repairs raises the assumption that an injury was foreseeable given the equipment’s condition.

However, playground accidents are not the only ones that occur. Slip and fall accidents are also very common. Children may be injured due to broken, missing or defective handrails, slippery floors, or faulty bleachers.

Schools have a responsibility to keep children free from harm and in a safe environment. So, if it is found that that duty has been breached, they will be responsible. If an individual is successful in bringing a lawsuit against the school district or school employee, he or she may receive damages to pay for the losses and medical expenses incurred by the child and their parents.

If your child has been injured while at school or while under the supervision of school staff, call us today for a free consultation! PHONE CARDONE at 504-522-3333, 225-706-3920 (Baton Rouge office) or email us at ccardone@cardonelaw.com.