Q: What should I do if my child is injured by another child at school?
If another child injures your child at school, it’s important to talk with school officials about the incident. But if there was serious physical harm done, also speak with an attorney.
School Liability When another Student Injures Your Child
Public schools fall under governmental immunity, which protects them from lawsuits. But school liability may apply if there’s proof of negligence. Private schools are also subject to liability if their negligent actions resulted in harm.
There are a variety of scenarios in which a school may be negligent. A common one is a failure to supervise. Let’s say a student on the playground was throwing rocks at others. But staff assigned to playground duty were off to the side talking with one another and didn't see the incident. As a result, a child sustains serious injuries to the head and face.
Another common situation is bullying or harassment that turns physical. For instance, kicking, punching or tripping. Proving negligence can be difficult in these situations. Let’s say the school had knowledge of a problem between students. A situation between them starts to escalate but no one intervenes. If it results in injury to a child, liability may apply.
Importance of Seeking Legal Counsel after an Incident at School
These types of cases involve complicated issues and laws. Of course, liability might also apply to the parents of the other child. But it’s important to consider the role school played. An attorney can help determine if its negligence was a contributing factor.
In order for anyone to qualify for compensation, the injury has to be of a serious nature. Should a child attack another while at school and it’s deemed deliberate, it would likely entitle the parents to file a claim.
Serious physical harm may be the result of bullying, an altercation or other circumstances. It’s important to understand your legal rights. Talk to Jason R. Schultz in Peachtree City if your child suffered serious injuries at school and you wish to explore your legal options to recover compensation. Contact us at 404-474-0804.