My Minor Child Got Injured: Is Lawsuit an Option?
Is a lawsuit really an option if my minor child got injured or hurt while at school? Is it inevitable? Unfortunately, there are situations where a lawsuit could be initiated if the child sustained any physical injury or was harmed physically at school. If a parent sues, the school district and the teacher who caused the injury may have to face legal action.
School safety regulations vary from one state to another and a lawsuit may be launched by a parent who is frustrated with the school’s failure to protect their child’s school environment. Most school districts will only have a responsibility to protect students’ health, safety and well being and there is not much an ordinary parent can do if a child gets injured while in their care. When situations occur where you find there are children injured while at school, it is very difficult for a parent to get justice and for compensation for their pain and suffering. That’s why personal injury attorneys are so important to the process.
A lawsuit against a school for negligence is usually a matter of a parent’s right to compensation for their minor child. When a child is hurt while at school, they become an innocent casualty of an unprofessional school system. When a parent sues a school for negligence, the school and its board of education are held liable under a policy adopted by the state’s Attorney General’s Office.
A lawsuit filed against a school for negligence can also include injuries caused to a minor child by school employees while off duty. Any injury sustained while a child was working can be brought up on grounds that the employee was negligent while doing his/her job and the employer was not responsible for the child’s safety and welfare.
A Word of Caution
It is important to be aware that some states do not allow lawsuits against a school for the negligent treatment of a minor child. These states have a provision called “qualified immunity,” which means a court cannot award compensation if the plaintiff is not able to prove that the defendant was negligent. This clause is rarely used by parents who sue schools.
Even if a parent believes a school has been negligent, he/she should consult personal injury attorneys before taking action against the school and/or teacher.
A parent has the right to file a lawsuit against a school for injuries sustained due to negligence if a minor child is injured on the playground or in the classroom. Injuries such as bruises, cuts, and sprains on the skin that cannot be treated on time can be brought up on grounds that the school was negligent when it is not the case. and can be sued for medical costs.
Parents must also look for signs that their children are exhibiting signs of emotional stress, such as mood swings, changes in behaviour, or if their child starts avoiding them because they have hurt their feelings. If there are signs of a medical problem that could lead to a disability or if their child is being bullied on the playground, they must report it immediately to the principal, the teacher, or school counsellor to prevent further problems from occurring.
The Law Firm of Hipskind & McAninch, LLC fully understands and has experience with all aspects of the laws regarding this issue. They are ready to help you.