If a child is injured while in school, who is responsible for that injury? For the most part, the school district would be liable as well as the administration at the school where the accident took place. However, there are a couple of caveats that could release the school of any and all liability if a child gets hurt at school.
Was the Child Doing Something to Increase the Risk of Getting Hurt?
In the event that the child was taking an action that was not appropriate while in school, the school itself may not be responsible for that child’s injuries. For instance, if the child jumped out of a window or stuffed him or herself into a locker, there is a good chance that the child’s parents would have to pay for any medical bills or other related damages.
What if the Child Had Permission to Take a Risky Action?
In some cases, a child may do something that is considered risky with the permission of or under the supervision of a teacher. An example would be performing a science experiment with chemicals that could be hazardous if used improperly. Assuming that the experiment was conducted using proper safety equipment and was part of a valid lesson plan, the school may be liable for a portion of the child’s injuries. Typically, the teacher would not be held liable as he or she took steps to provide for the safety of the student in the classroom.
Did the Event Occur During School Hours?
Just because a child was injured in a school building doesn’t necessarily mean that the school is liable for the injury. If the injury occurs either before school starts or after regular and extracurricular activities have finished, the child’s parents may have to pay for any damages that arise as a result of the injury. Should a student trespass on school property, the school may not have a duty of care to protect that student from injury.
What Happens if Another Student Causes the Injury?
Who is liable if another student causes a child to suffer an injury while on school property? For example, if a student punches another student or pushes that child to the floor, who would be to blame for that incident? In most cases, the student would be responsible for committing the act and the school would be responsible for allowing it to happen. However, the school may not be held liable if it took reasonable steps in an effort to prevent the incident or other such incidents from occurring.
Determining liability for a child’s injury while in school is not always clearly defined. There must be a thorough review of the facts in the case to figure out what happened, why it happened and whether safeguards were in place to prevent the injury from occurring. In most cases involving children injured at school, the parents and the school district are able to amicably resolve the situation without the need to go to court. However, it is still possible to retain legal counsel during such informal negotiations.
