Schools have a duty to keep students safe while they are in their care. However, accidents and injuries can still occur even when schools take reasonable precautions. If your child gets injured at school, you may wonder if you can or should sue the school. Here are some key considerations.
Proving Damages in an Injury Lawsuit
For a lawsuit filed by personal injury lawyers to be successful, the parents will need evidence that their child suffered physical, emotional, or financial damages directly resulting from the school’s provable negligence. Minor injuries that fully heal may have limited damages. Severe injuries with extensive medical treatment or ongoing impacts may have significant damages, although less than 1 in 42,000 school injuries are fatal.
What Counts as Negligence by the School?
For a parent to successfully sue a school, they must be able to prove negligence on the school’s part. Negligence means the school failed to take reasonable care to prevent foreseeable injuries. For example, a wet, slippery floor that was not cleaned up and caused a fall could potentially be negligence. On the other hand, a freak accident that could not have been anticipated or prevented despite reasonable care would likely not qualify as negligence.
63.7% of school injuries occur in grades 1-4, where kids are less risk averse. 72.6% of those injured were boys. In addition, more than 50% of injuries happed during breaks, where kids are more likely to fool around, with slip, trips and falls the most common type of injury.
Limits of School Liability
Even if a school is found negligent, there are limits on their liability. Schools are not expected to prevent every single conceivable accident. And schools are generally not held responsible for injuries stemming solely from another student’s intentional actions. Schools also have certain legal immunities protecting them from lawsuits for injuries occurring during sports, physical education, or extracurricular activities.
Weighing Factors to Decide If You Should Sue
No parent wants to see their child hurt. And when it happens at school under adult supervision, it may spark anger and a desire to hold the school accountable. However, suing a school is a major decision that involves time, legal expenses, and emotional costs. These are some factors to weigh as you decide:
The severity and duration of your child’s physical injuries or emotional trauma
- Evidence indicating clear negligence by the school rather than an unpreventable accident
- How expensive and feasible legal action would be for your family
- Your child’s wishes and emotional state related to suing their school
- The time and energy required to pursue a lawsuit
- The likelihood of a significant judgment or settlement
If there is strong documented negligence and serious damages, a lawsuit may be warranted. But in many cases, parents may ultimately decide the cons outweigh the benefits of taking legal action against their child’s school.
Children sometimes get injured at school, leaving parents wondering if legal action should be pursued. But suing a school is complex. While schools have a duty of care, injuries can happen even without negligence. Before deciding to sue, look objectively at the circumstances, alternatives, and likely outcomes. Open communication, measured decisions, and prioritizing the child’s wellbeing is key. With thoughtful analysis, most parents will determine whether a lawsuit or another course is the right way to address the situation.
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