We often view schools as a safe place where children can grow and learn in healthy ways. Unfortunately, there are often many dangers present at schools which can cause children to experience serious injuries and even death. Schools have a duty to take every reasonable action to protect the children in their care. When a school fails to do what is reasonable and their negligence causes a child to be injured or killed, the child has the right to seek compensation for their damages.
If your child has been injured while at school, reach out to a skilled personal injury attorney who can assist you with your case. California law regarding school liability is complex and an attorney can ensure you and your child receive fair compensation.
California School Duties
Courts in California have established that schools have a duty to protect children in schools. The school is required to provide adequate supervision for all children in their care. While the school is not considered an insurer of the student’s safety, the school district does have a legal duty to act with reasonable care in supervising children in its charge. When the proximate cause of an injury was due to the failure of a school to exercise reasonable care, they can be liable for the injuries. Therefore, if the school failed to provide supervision and a child suffers an injury, and the injury could have been avoided had the school exercised proper supervision, there may be a liability claim.
Examples of potential negligent conduct by school administrators, teachers, coaches and school districts include the following:
- Failing to properly maintain buses and means of transportation
- A lack of adequate supervision during extraocular activities, recess, lunch and breaks
- Failing to prepare food in a sanitary and safe manner
- Having inadequate emergency plans for fires, tornados, earthquakes, school shootings, etc.
- Failing to repair equipment, grounds, and unsafe structures
- Failing to supervise and have adequate safety measures for sports and physical activities
Injuries That May Give Rise to Claims Against a School
Common examples injuries which may result in school liability include the following:
- Playground injuries
- Bullying and physical violence injuries
- Bus accidents
- Chemical exposure and burns
- Sexual abuse or assault
- Shaken baby syndrome
- Broken bones
- Scratches, cuts, burns
- Brain damage and head injuries
- Violence leading to injury or death
What to Do If Your Child Has Been Injured At School
If your child has been injured as a result of a school’s negligence, there are specific steps which must be followed. As the required steps and claims include time specific and detailed information, it is best to pursue with the assistance of an attorney. With an experienced attorney at Silva Injury Law, you can be certain that all deadlines and requirements will be met and that your child receive the compensation they deserve.