The fact of the matter is, for 9 months out of the year your kids spend more of their waking hours at school than they do at home. You bare the responsibility of your child’s safety at home, but what happens if they get hurt at school? Who is at fault? The answer depends on the circumstances surrounding the injury.
Was it Intentional?
The first thing to determine is whether the injury occurred as the result of an accident or if there was intent to harm. If the act that caused injury was intentional, such as an act of bullying, then the fault could lie with the parents of the offending student. If it is a school employee who intentionally harmed a student, then that employee, or the school district itself, could be at fault.
Were they Negligent?
If the injury was accidental, then the question becomes about negligence. This can occur in many different forms, but here are some questions to ask.
- Were there safety protocols in place to prevent accidents such as these from occurring?
- If so, were these protocols being followed at the time of the accident?
- Was there proper adult supervision at the time of the accident? Playgrounds are where many injuries occur, and in some cases accidents could be prevented with more supervision.
- Was there a rule being broken at the time of the accident? Is so, why wasn’t the rule being enforced?
An injury to your child can be an unsettling time, and if you have questions about the circumstances surrounding your child’s injury at school, we would like to help. At Oldham & Smith we are experienced in child injury cases, and we can help you get the compensation you need to properly care for your injured child. For a free consultation, contact us today.