School Injuries
- What is a school injury?
- What Duty Does the School Owe Your Children?
- What Should You do if a Loved One is Injured at School?
- Should I Contact a Lawyer if a Loved One is Injured in a School Injury?
What is a School Injury?
More than two million children age 14 and under sustain injuries every year while at school. While falls and sports injuries are the major culprits, accidental injuries occur during all manner of school activities. Children who take school buses to and from school are yet another area of concern. All in all, schools can be very dangerous places. Back to top.
What Duty Does the School Owe Your Children?
Every school teacher and administrator owes a duty of care to every student his or her supervision. Generally, a teacher owes a student a duty to take reasonable precautions to protect the student from foreseeable risk of injury. This duty manifests itself in many ways:
- The duty to supervise the students so that they comply with rules and practices designed for their own safety and that of others;
- The duty to design and implement appropriate programs and procedures to ensure the safety of students;
- The duty to ensure that school buildings, school buses and other equipment are safe; and
- The duty to warn students about dangerous situations or practices.
Basically schools owe a duty is to do what is reasonable in a given situation. The question of what is reasonable after an injury will often be decided by court in the event of a lawsuit, but initially it is up to the individual teacher, the principal and the school to comply with objectively reasonable practices. Back to top.
What Should You do if a Loved One is Injured at School?
Obtaining prompt medical attention is of paramount importance. If the injury a loved one has suffered is serious, it may be appropriate to call 911 and have him or her taken to the hospital immediately. If an ambulance is not necessary, it still may be wise to go to the emergency room that same day or at least see your family doctor as soon as possible.
A critical aspect of any case where an injury has occurred is the investigation of the circumstances surrounding the injury and the preservation of evidence. The investigation typically involves an examination of the scene of the injury while the evidence, such as the location or condition of the premises or any equipment involved, is still fresh. It is sometimes necessary to notify the school of its obligation to preserve evidence or even obtain a court order to ensure that relevant evidence is preserved.
Sometimes, governmental investigators are involved as well. Where that is the case, it is important to contact and establish a relationship with those investigators as soon as practical.
Finally, identifying witnesses, securing their cooperation, and obtaining their statements as to what they saw or heard, as well as background information about the employer and the workplace, should also be done as soon as possible. This is particularly delicate when young children are involved.
Because of the importance of a quick assessment of the surrounding facts, an investigation of the circumstances of the injury, and preservation of relevant evidence, you should consider retaining a qualified attorney experienced in working with personal injuries of all sorts and knowledgeable about investigations of injury situations. Through its experience in working with experts in numerous medical specialties as well as accident reconstruction, defective equipment, and a host of other areas, Brown & Szaller can bring tremendous expertise to bear and obtain for you the recompense that you deserve. Back to top.
Should I Contact a Lawyer if a Loved One is Injured in a School Injury?
It is important to seek legal assistance from a lawyer with experience in the type of injury your loved one has sustained as soon as possible after the accident. Your lawyer will need time to obtain witness statements and gather a variety of information that is necessary to prosecute your case. The earlier you contact a lawyer, the greater your chance of obtaining a strong recovery either through settlement or if you have to file a lawsuit for compensation. With adequate time, an experienced lawyer can strengthen the case, emphasizing favorable facts while fortifying weaknesses in the case.
An experienced lawyer will know the general contours of information required to strengthen your claim for compensation. Thus, you increase the likelihood that you will prevail in your case and you increase the amount of compensation you are likely to recover by retaining a lawyer with experience in auto accident cases. An experienced lawyer, such as those at the Brown & Szaller law firm, will meet with you, listen to what you have to say, explain your legal options, gather the critical facts, obtain and review medical reports and witness statements, and help you decide upon the best course of action. Brown and Szaller lawyers will guide you through a complicated process involving insurance issues, pay back (subrogation), the amount of coverage and whether your own coverage applies. Do not trust the at fault parties insurance carrier. Brown and Szaller has handled numerous car accident cases to successful conclusion.
The lawyers at Brown & Szaller will meet with you for a free initial consultation. Even if you are unsure whether you have a claim for compensation we will discuss the facts of the case and your options and together determine the viability of your case with no up-front charge. Back to top.