Can a School District Be Responsible for Injuries to Children?
Posted on Apr 21, 2015 10:05am PDT
Parents are well-aware that children get injured all of the time. Whether it's a skinned knee from a fall on the playground, or a bump on the head due to a case of spilled milk in the cafeteria, injuries can and do happen on school property every day.
Many injuries that occur at school are often preventable. So, the question is, can something such as death from heat exhaustion, a drowning in a high school pool, or a traumatic brain injury from a fall down slippery stairs warrant a lawsuit against a school district?
Can the school district be held liable?
In a word, yes. However, it depends on the facts of the case. If school districts were held liable for every injury that occurred on school property, they would go broke. There are scenarios though, where a school district can be legally liable for an injury, especially when it was serious and preventable.
Let us say that a student is supposed to go swimming at a high school pool, and the student was not a good swimmer. The teacher pushes the student into the deep end, and watches as the student has a near drowning. The incident leads to oxygen deprivation, and permanent brain damage. The school district can certainly be held responsible.
If you feel that the school district could be responsible for your child's injuries, you may have grounds to file a civil lawsuit against the school district. In such a case, you would be seeking personal injury damages (financial compensation) for all of the losses incurred as a result of your child's injuries.
In the majority of circumstances school districts and their employees are immune from lawsuits, but not in all situations. Generally, there are certain situations where a civil lawsuit can be brought against a school district.
To discuss your case with a personal injury attorney, scroll through our directory to find the help that your family needs!