If your child is hurt at school, should you be looking to sue the school for the pain and suffering caused? Injuries at school can be a cause for alarm for parents, but there are a few things to consider before filing a lawsuit for your child’s personal injuries.
First, and probably most importantly, how serious is the injury? If the injury doesn’t require medical treatment or you don’t have to help your child with psychological harm, then there is little to claim for.
Next, consider your school’s liability. There are Tort Claims Acts in place that protect schools, so you may want to speak with your attorney about how they will affect your case. It’s possible that you’ll need to submit a claim to the government to begin.
With premises liability, consider how your child got hurt. Was the area safe and in good condition, or were there damaged bits of flooring or other issues that the school should have repaired? Property owners do have a duty to keep their properties in a reasonably safe condition, so if the school was not safe, you could have a claim.
Another thing to consider is the person who was taking care of your child at the time of the injury. Did a teacher assault your child or cause harm? Negligent hiring could be at fault, which would put the school district in a position to be held liable for the injuries.
Finally, look into any waivers you signed before the school year started. Waivers may not make it impossible to make a claim, but they can make it harder. Our website has more information, so you can learn about how to make a claim.