You might be able to sue the school if your child got hurt on school property or at a school event, but not always. The school can be liable if their negligence caused the injury to happen, and there are some situations in which other people or entities could get sued. California law requires schools to take reasonable measures, like developing and following protocols and safety plans.
The law does not generally hold a school accountable for the child’s negligence or if the school did not cause the accident through carelessness or an intentional act. We understand how confusing this can be. A Los Angeles personal injury attorney could help you pursue justice from the responsible party if your child was injured at school and you want to know if you can sue.
The Rules Are Different for Private versus Public Schools
Public schools in California are government entities, so they have legal protections that private schools do not enjoy. You might still be able to file a lawsuit against a public school if their negligence caused your child to suffer an injury, but you would have to follow a different procedure and have a much shorter deadline for taking legal action.
Types of School Accidents That Can Result in a Child Getting Injured
Children get hurt in a wide variety of activities at school and at home. Here are some of the more common situations in which a child could get wounded:
- Sports activities. Whether in regular gym class or a competitive event, the ordinary injuries that can happen usually do not expose the school to a successful lawsuit because the parents typically must sign a release that waives the right to sue the school for injuries. In some circumstances, however, the school could be liable for injuries caused by a school employee’s negligence or intentional misconduct.
- Injuries on the playground could lead to successful lawsuits against the school if the school failed to maintain the playground equipment if a safe condition or provide appropriate supervision. If the injury happened because of a defect in the equipment, the manufacturer might face a product liability lawsuit.
- School floors could be dangerous if puddles accumulate and do not get mopped up promptly, causing a child to slip and fall. Schools should use non-slip mats to prevent the development of puddles at entrances and other locations at risk for water exposure.
- When a child gets injured in a collision involving a school bus, the school district or employer of the bus driver could get sued if the bus driver’s negligence caused the crash and the bus driver did not have adequate training or supervision, or the district engaged in negligent hiring practices. Also, the other driver, bus manufacturer, mechanic firm that maintained the buses, or the bus driver could be defendants in a lawsuit.
These are but a few examples of the many ways that a child could suffer injuries at school. Sometimes, the school or another party could get sued, but sometimes, they will not be liable for the child’s wounds. These cases are tricky, so you will want to talk to a Los Angeles personal injury attorney. There are short deadlines, so you will want to reach out to us right away for a free consultation.