I always assumed that personal injury cases where pretty straight forward. After being in an accident, any financial losses that you suffered would be reimbursed by the liable party's insurance company. Unfortunately, things only work this way in a perfect world. In the real world, personal injury cases are extremely complex and getting the insurance company to pay a fair settlement requires the expertise of an experienced injury lawyer. Unfortunately, it took me several months to finally seek out the legal assistance I needed. As a result, I waited much longer than necessary to get the compensation I so desperately needed. During this time, I learned more about personal injury law than I ever thought I would. It is my hope that this blog will allow me to share that knowledge with you so that you can avoid making some of the same mistakes that I did.
Schools are expected to provide safe environments for students. Therefore, if your child is injured at school, it is natural to hold the school liable for the injuries. However, a school is not responsible for all types of injuries its students may experience. Here are two types of injuries for which the school may not be responsible:
Injuries on School Property Outside School Hours
Schools are only liable for injuries that occur when they are in charge or responsible for their students. Schools aren't responsible for injuries that occur outside school hours because the school wasn't responsible for the student's safety at that time. After all, your child's school cannot foresee and prevent all injuries that might occur to students outside school hours. This is the case even if the injuries occur on the school's premises.
For example, students may sneak into a school's compound on a weekend when the school is neither hosting any activity nor expecting the students. If a student gets injured during some horseplay, then the school is likely to escape liability for the injuries.
Injuries Occurring During Organized Sports
Contact sports may have more injuries than noncontact sports, but all sports carry some risk of injury. Out of the approximately 30 million children who participate in organized sports each year, more than 3.5 million of them suffer some forms of injury. However, schools aren't usually held liable for the injuries incurred by their students.
One reason schools aren't liable when students get injured in an organized sport is because the participating students often sign waivers of liability. The waivers relieve the school of foreseeable injuries the students might incur during their sporting activities. Even without a waiver covering a specific injury, there is an assumption of risk that anybody who engages in a sports activity understands and agrees to a risk of injury. For public schools, a second reason is that government agencies are immune from sports liability.
However, the waiver of liability or government immunity doesn't cover all injuries. You may be able to sue the school if your child is injured during organized sports but the injury isn't related to the sports activity. For example, the school may be liable for your child's injuries if it provided them with faulty equipment, and the fault led to your child's injury.
If you consider the above issues, it's not advisable to assume that the school is responsible if your child gets injured at school. Rather, you should consult an injury attorney to go over the circumstances and help you determine who should pay for the injuries.
For a personal injury lawyer, contact a law firm such as The Reed Noble Law Firm PLLC.
Share