All property owners have a duty to exercise reasonable care to ensure that people on their property are safe. This applies to schools as well.
In order for a school to be held responsible for a student’s injuries, the injured party must prove that the school failed to exercise reasonable care by its negligence or carelessness.
Injuries on school grounds are fairly common. A study conducted by the Centers for Disease Control and Prevention found that 80 percent of elementary school children visit the nurse because of injuries sustained at school.
Some accidents may be unavoidable, but some injuries are due to unsafe physical conditions or the actions of other students or staff.
Schools must take reasonable steps to keep students from harming one another. This includes hiring enough staff to supervise the students. In addition, teachers, recess monitors, bus drivers and crossing guards serve the purpose of ensuring student safety. Also, schools must use care when hiring teachers, coaches and other staff. They have a responsibility not to expose students to dangerous adults.
When a child is injured on school property, it is important to know if the school is public or private. State and Federal schools are protected by a doctrine called “sovereign immunity”. This means that in most cases one cannot sue a government school unless the state has passed laws allowing this type of lawsuit. Even though California has such a law, the damages are often capped.
A school’s responsibility for injuries occurring on its grounds is a type of premises liability. The person in charge is accountable for certain injuries that happen on the property.
If your child has been injured on school property because the school failed to take reasonable precautions, contact the San Bernardino personal injury attorneys at Welebir | Tierney. Our attorneys will discuss with you all of the options available to you.
We invite you to visit our website, here you will find more information on the type of injuries you suffered as well as a better understanding of what our firm can do for you.