School Injuries in Atlanta: Understanding Your Child’s Right to Compensation
Riah Greathouse, Esq. · April 7, 2022Injuries happen all the time – especially to children. While kids are prone to scrapes and bruises, serious injuries may occur at school. If your child was injured at school, you might be entitled to financial compensation. Read Greathouse Trial Law’s blog to learn more.
Can children file personal injury suits?
Before learning more about children’s personal injury suits, we must discuss whether or not children can be a part of personal injury suits. In the eyes of the law, children under 18 are eligible for financial compensation due to a personal injury.
However, the minor cannot file for a suit by themselves. The parent or legal guardian must file the lawsuit, and there may be two suits simultaneously. One case gives compensation to the parent or legal guardian, while the other handles compensatory payouts for the child.
Damages may cover lost income and any health costs associated with the injury. Most of the compensation will be given to the parent or legal guardian since they are the ones responsible for the care and keeping of the child.
Can the school be held accountable?
There are some questions about whether or not schools can be held accountable for any injury on school grounds. However, it is a school’s responsibility to give students a safe place to receive their education.
Schools have a duty to prevent injuries that occur due to slippery floors, unsafe surfaces, unsanitary conditions, or other students. Since schools take the parent’s place (also known as in loco parentis), they are responsible for ensuring the safety of each student.
However, schools are not responsible for injuries on their grounds after hours or during sporting events. They have no responsibility for watching children outside of operating hours, and student-athletes assume the risk of any injuries that occur during playtime.
What types of injuries can occur?
Injuries due to Other Children
If your child was injured by another child, the fault does not automatically fall on the other child. Schools have to prevent bullying, and teachers must adequately supervise any situations that could become dangerous.
Injuries on Buses
Accidents can occur between cars and buses as well. While you can bring a personal injury case against the offending driver, the school district may also be liable for the bus driver’s actions or lack thereof.
Injuries due to School Equipment
Occasionally, children can be injured due to sports or other school equipment. Any injuries caused by defective equipment (like balance beams or playgrounds) or lack of supervision can be used in court as evidence of personal injury.
Injuries due to Premises Liability
Schools also have a responsibility to ensure that the school grounds are safe. Unmarked wet spots can cause slip and fall accidents, while loose handrails can cause children to fall down the stairs. Schools must guarantee a student’s safety at all times.
Injuries due to Medication
Some students have medicine that they need throughout the school day. For example, if a diabetic student cannot give themselves insulin and the nurse is not around, they may go into shock. The legal responsibility then falls to the school to ensure that students have access to the medication they need.
Foreseeable Injuries
It’s vital to remember that while schools are responsible for ensuring their student’s safety, they can only fix what they are aware of. Suppose the school does not foresee any danger from the environment or other people. In that case, they may not be able to prevent the injuries that can occur.
Speak to an Attorney
If your child has been injured at school, you may be entitled to financial compensation. Luckily, the lawyers at Greathouse Trial Law are here to help. We want to partner with you on your claim and negotiate with your insurance company to get a settlement to meet your needs.
Contact us today at (678) 310-2827 or complete our online form for your free case evaluation. Our personal injury law firm aims to serve the great people of Atlanta and to give a voice to the voiceless.
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