Hazardous School Property Causing Child Injuries & Legal Liability
Many of the most common injuries at schools are slip and falls or trip and falls. These may occur when a child slips on a wet or slippery surface, stumbles over an obstacle in their path, or trips on uneven pavement, among other situations. Some of these accidents cannot be avoided, but often a school bears some responsibility. Schools have an obligation to take reasonable measures to protect the safety of children. Failing to address a hazard may fall short of this duty.
While a child may escape a slip and fall with minor cuts or bruises, more serious injuries may occur in some cases. For example, a child who falls could strike their head and suffer brain injuries, which can cause lasting harm. Broken bones might require significant medical treatment and cause severe pain. Other types of falls might lead to facial injuries and permanent scarring. In these situations, parents may want to pursue a claim against the school.
School Liability for Hazardous Property
To hold a school liable for a slip or trip and fall, parents must show that the school knew or should have known of the hazard but did not take reasonable steps to address it. If a child slipped and fell moments after another child spilled liquid on a floor, for example, the school probably could not have done anything to prevent the accident. In a contrasting case, if a hole formed in pavement, but the school failed to fix the hole or block off the area for months afterward, the school might be liable if a child tripped and fell.
If parents can prove liability, they can recover compensation for the financial, physical, and emotional harm caused by the slip and fall. Compensation may account for the medical bills incurred in treating the injuries, as well as any future treatment that may be required. In addition, parents may recover non-economic damages for the child’s pain and suffering, emotional distress, and other intangible harm.
When an accident occurs at a public school, parents may face greater challenges than if their child was injured at a private school. Government entities like school districts limit their liability in lawsuits. To preserve their legal rights, parents may need to comply with specific requirements, such as filing a notice of claim describing the accident and injuries within a short time. Failing to meet this requirement probably will prevent parents from bringing a lawsuit against the school district in court. A state may impose more substantive restrictions on liability as well. Therefore, a parent considering a lawsuit after an accident at a public school may want to consult an attorney who is familiar with these complexities.
An attorney also can help with tracking down evidence, securing witnesses, filing papers in court, and other tasks essential to a slip and fall lawsuit against any defendant. Most personal injury lawyers do not charge fees for their services unless they recover a settlement or judgment for a client, from which they collect a percentage of the amount recovered as their fee. In other words, parents usually will not need to bear the costs of retaining their attorney upfront.
