Dolman Law Group is an award winning Clearwater car accident and personal injury law firm. Matthew Dolman has been selected as a Florida Super Lawyers in 2013, 2014 and 2015 by his colleagues. Mr. Dolman has been nominated as a top 100 trial attorney and top 40 under 40 by National Trial Lawyers. He is a lifetime member of both the Million Dollar and Multi-Million Dollar Advocacy Forum.
Monday, March 30, 2015
What Happens If Your Child Is Injured At School?
parents send their children to school every day in Florida and across the
United States, trusting that their child will return home safely and free from
injury. Unfortunately, this is not always the case, as schools have many risks
of possible personal injury. The following are some of the most common injuries
that may occur in an educational setting:
Falls – Like any
other property, schools have the legal duty to keep the premises
reasonably safe for visitors. This entails regular inspection of the
property, repairs or maintenance if needed to avoid any dangerous hazards, and
warning students if a dangerous hazard may exist—such as a wet floor. If a
student slips, trips, or falls because debris in the hall, slippery floors,
overly worn floors, dangerous stairs, or other conditions, the school should be
held responsible for their injuries.
injuries – With
tall slides, swings, monkey bars, and more, playgrounds have an inherent risk
of injury. While some children can get hurt on a playground simply because of a
true accident, others may be injured due to a dangerous condition of a
playground. Playgrounds must be maintained, must have certain surfaces to
protect children if they fall, must be free of defective equipment, and must
meet state safety standards.1 If a school's
playground equipment caused the injury, you may have a legal claim.
security or supervision – School
personnel also have a duty to properly supervise your child and to ensure that
children are safe from outside harm within the building. If a school does not
have adequate security in place and a person enters the school to cause your
child harm, the school has been negligent. Similarly, if a teacher or staff
member fails to properly supervise the children and your child gets hurt by
another student, the school should be found negligent for not adequately
supervising the students. You can bring a legal claim for any type of assault,
sexual assault, or similar harm that may happen to your child due to inadequate
poisoning – School cafeterias2 are held to strict food safety
standards, just like any other type of restaurant or food service facility.
When a cafeteria fails to keep food at the correct temperature, fails to properly
sanitize cooking equipment or surfaces, or engages in other negligent actions
or omissions, the children eating the cafeteria food run the risk of
contracting serious illnesses related to the food. Proving food poisoning can
be challenging in some cases, but it is is possible and, if you child became
very ill, the school should be held liable.
bus – When children
ride the school bus to or from school, the drivers and supervisors have the
same duties they would as if they were inside the school. Additionally, the bus
driver has a duty to drive in a manner that keep the children safe. Negligent
acts such as distracted driving, speeding, driving while impaired, or
violations of other traffic-related laws can all lead to accidents and injuries
to school bus passengers. Students also commonly suffer injury on buses due to
slip and fall accidents in the aisles or on the stairs or because of an assault
by another student that occurred due to inadequate security.
with school-related injuries
child suffers injury during school hours, it may seem clear to you that the
school should be held accountable for its negligence. However, cases involving
certain types of schools are sometimes quite complicated. For example, public
schools are often considered to be agencies of the local government, which is
protected from many types of lawsuits by a legal concept called sovereign immunity.3 This is not always a complete bar to
recovery from schools, however, and an experienced attorney will be able to
evaluate your situations and present options for your relief.
experienced Clearwater personal injury lawyer can help you
child has suffered injury at school, you should not hesitate to discuss your
case with an experienced personal injury attorney as soon as possible. At the
Dolman Law Group, our attorneys understand how to handle a wide range of
personal injury cases, so please call our Clearwater, Florida office at 727-451-6900
for help today.
Clearwater, FL 33756 (727) 451-6900