Obviously there is NOTHING more important to a parent than the safety & well being of their child. When a parent sends their child off to school every morning, they trust that the school, teachers, and the administrators will provide them with a safe & secure learning environment. Most of the time this is the case, we all have a teacher or a class that we remember fondly from our school days but there are, unfortunately , exceptions where accidents & events do occur that place our kids in danger.
Unfortunately, there are many different scenarios in which a child may be injured at school. Some of these include the following:
School Bus Accidents:
If your child is involved or injured in a school bus accident there may be multiple parties at fault. Did the bus driver operate the bus properly and within both VTL & school board rules ? Was there another vehicle who was partly or wholly responsible ? Was the driver properly licensed & trained ?
Other Students \ School Yard Bully:
Bullies have been around for as long as there have been schools. It is a sad part of adolescent life. It is important to know that it is NOT just the bully\student who is responsible for their behavior. The school, the administrators, and the teachers are also responsible for the behavior of the students. Failure to properly instruct, monitor, & discipline a student for aggressive behavior is grounds for legal liability against the school. The school may also be responsible for implementing a code of conduct and may be liable for not doing so, or for not following and enforcing such code. Additionally, the school may be liable for negligently hiring incompetent personal and either implementing negligent security or for failure to hire security.
Teacher Conduct &\or Assaults:
Thankfully, teacher assaults on students are not common but they do happen. Obviously, the school or school district will be legally liable for this (there may also be criminal charges as well), but there are other less obvious ways in which teacher conduct may result in legal liability. Failure for a teacher to properly monitor behaviors, offer proper instructions, & provide & enforce student guidelines may result in liability if your child is injured. Additionally, teachers must properly instruct & monitor students who are using potentially dangerous instruments in a science class or a shop class. Essentially, the teachers and administrators are responsible for providing a safe environment for your children to learn & socialize with each other.
Unfortunately, there are always going to be playground accidents & injuries when children are running & playing. NOT every playground injury is the result of fault and imposes legal liability on the school. Sometimes kids are just gonna be kids & accidents do happen. However, many playground accidents can be avoided and will impose legal liability on the school, teachers, & administrators. Some example’s are as follows:
- Negligent Supervision
- Faulty playground equipment
- Negligently maintained or repaired equipment
- Inadequate security
- Dangerous & dirty playground \ unsafe area
In short, there are unfortunately many ways in which children are injured at school. While not every incident or accident results in legal liability, many do. if you are faced with the horrible experience of having your child injured at school, contact the Law Office of Frederick Altschuler to discuss your legal options.