Epic School Liability: Who’s at Fault When Students Get Injured?
It is only natural for parents to feel safe when taking their children to school if they feel safe. Children, on the other hand, feel safe when having fun. This is more so in school, where they have all their friends around. The law mandates that schools take all possible safety measures to shield students from harm and accidents to avoid school liability.
There needs to be school liability and student protection in the classroom. Children must be watched over while on school property. In addition, any dangerous circumstances must be identified and resolved. When on school property, students must be watched over, whether they are riding the school bus to and from class or taking part in extracurricular activities that are sponsored by the school.
A video (below) of a teenager getting hurt while having fun in the classroom surfaced recently. One side of the argument is currently accusing the adolescent of being careless. Continue reading to see the full story and who is at fault.
How A Teenager Sustained Injury in School
While having fun with her pals in a classroom, a teenager by the name of Hannah was hurt. Something that appeared to be a projector was seen being pulled down by her. When it fell, Hannah was struck in the head.
Generally speaking, you are responsible for any harm you acquire while goofing off. It is, however, not your fault if it happened when the object was still being used for its original purpose.
In the video, the function of the object Hannah pulled is to be dragged down and then released. However, after Hannah released the object, it fell on her. That means Hannah was not at fault, as she used it correctly. In other words, it would have fallen even if it had been dragged down by someone other than Hannah—a lecturer or another pupil. In light of this, doesn’t the school become accountable for the harm done?
On that note, let’s take a dig into what the law of school liability has to say about this. It’s critical to understand who is responsible for an accident involving your child at school. This knowledge is vital as it will help you know how to obtain the justice your family deserves if need be.
If Your Child Sustains Injury in School, Can You Sue?
The answer is Yes. But first, you must understand the law because it can be tricky to sue a school when your child sustains injuries on the premises. Let’s talk about some of the incidents that may qualify you for legal action regarding school liability.
School Liability: Falling on the Playground
Kids are going to tumble from playground equipment; that much is certain. Falls account for 70% of playground injuries. These wounds might occasionally be tiny cuts and scrapes. When a kid falls, schools must provide a safe place for them to land.
Children are more prone to suffer severe injuries from hard ground impacts than from soft ones. To lessen the impact, most playgrounds employ materials like rubber mulch. So, if there is any form of negligence, there is school liability because appropriate safety measures weren’t followed.
School Liability: Poor Upkeep of Educational Facilities
It is the responsibility of the principal and tutors of your child to keep the premises safe for all of the pupils. This involves checking that nothing dangerous is nearby, such as broken safety caps or nails sticking out. Because the absence of good maintenance can lead to serious injuries just like what happened to Hannah in the video.
School Liability: Accidents on School Buses
Whether they are taking kids on a field trip or to and from school, school buses can be dangerous for kids. School boards typically hire bus companies to provide transportation for their kids. However, because they have control over the bus business, the school board is still in charge of the kids when they are on the bus.
Accidents occur anytime, so in some cases, nobody is held responsible. However, the driver and school can be held responsible based on the circumstances surrounding the accident. Now, let’s discuss the legal system and how this relates to school liability.
The Legal System on Negligence
According to law experts, California premises liability laws generally require property owners within the state to provide reasonably safe conditions for those who live, work at, and/or visit their properties.
These laws dictate that California property owners have a responsibility to maintain safe properties. They also require owners to warn people of potential hazards on their property to minimize the possibility of accidents and injuries.
School districts and their employees have a legal duty of care to protect all students from harm while they are in school or school-sponsored activities. This also applies when they are being transported by the district.
The school district can be held accountable for any injuries that occur as a result of negligence. It doesn’t matter whether it was caused by a faculty member, other school employees, or an unsafe environment. Parents usually can hold a manufacturer strictly liable, regardless of how much care the manufacturer used in designing or making the product or providing warnings.
This contrasts with most personal injury cases, which require showing that the defendant failed to use the degree of care that they should have used in a certain situation. The knowledge of school liability can make it easier for a victim to recover damages.
These may include tangible items such as medical bills and the costs of future treatment, as well as intangible damages like pain and suffering. Parents might also sue the school if an investigation reveals that the school allowed children to continue using a product that the school knew to be defective or hazardous.
This claim would proceed under a negligence theory rather than a strict liability theory. Parents would need to show that their child suffered harm because the school failed to meet the applicable standard of care under the circumstances.
Conclusion
Because of the reckless nature of teenagers and children, sometimes accidents can’t be prevented. However, you can hold the school accountable for your child’s injuries if the accident was brought on by negligence on the side of the institution—that is, if the school disregarded what is legally known as “accepted standards of care in providing those services to a child.” This is Hannah’s case in the video.