As a parent, nothing is more terrifying than a phone call from a school nurse about your son or daughter getting injured. When children are attending school, parents assume that their children will be kept safe by their teachers. However, that’s not always the case. If your child has been hurt at school, don’t neglect this, especially if someone at fault for their injuries. Now is the time to learn what legal options are available to you.
Accidents could result from a person’s negligence or neglect. Some of the possible accidents that can occur while the school staff is responsible for their well-being include:
• assault or bullying
• field trip accidents
• school bus accidents
• slip or trip and fall accidents
Remember that from the time your son or daughter leaves for school in the morning the responsibility of preventing any accidents from happening rests on the shoulders of the school’s staff members.
The most common source of a child’s injuries while in school is the playground, an area where children spend a significant amount of time. In fact, 70% of all school injuries happen when a child falls of playground equipment. In most cases, these are merely just accidents that children bring on themselves. However, some occur because the school has failed to meet its duty of care under premises liability laws.
Child Protection Policies
Under Provincial Law, schools are required by law to care for and protect their students. This is more commonly known as the “Reasonably Prudent Parent Doctrine” which provides students with the same level of care that they would receive from their parents or an appointed caregiver. The school is also responsible for ensuring that all school equipment is safe, that sidewalks are free of ice and snow, and so on.
Can I sue the School?
Although it isn’t easy to sue a school for negligence, it can be done. A school must be held accountable for your child’s safety. So if a principal or teacher is negligent, the school board will be held responsible for your child’s injuries. To prove negligence in a lawsuit against a school 1) the student must have incurred damage or loss, 2) the damage or loss was caused because the duty of care was not upheld, and 3) the school didn’t up hold the duty of care. Your best course of action is to consult with a personal injury lawyer in Milton so that you know what legal options are available. As many of the lawyers have dealt with such cases in the past, they understand how the process works to help you win compensation.