Personal Injury in Schools: Who Is Responsible?

Our country’s children are the most valuable asset as well as the most vulnerable citizens.  While we would like to protect them at all cost, accidents and personal injuries in Pompano Beach, FL happen.  If these accidents happen at school, it is important to know if you are entitled to compensation for injuries that were sustained due to foreseeable situations, unsafe environments or irresponsible staffing. Sometimes public and private schools can be held liable in a student injury.

Environmental Injuries

Injuries from unsafe property conditions happen more likely than one might imagine. Injuries that can happen can come from toxic material from cleaners, paints or other chemicals, damaged, broken or faulty playground equipment, contaminated food, wet floors or overall unsanitary conditions. 

Slip and fall accidents, food poisoning and broken bones are common outcomes when environmental injuries happen.

Injury From Others

Teachers and administrators must take reasonable action to ensure that students don’t  harm one another. Students must be adequately supervised and schools must utilize background checks to ensure student safety.  A school could be civilly liable for the abuse of a student if the school knew (or should have known under the circumstances) that the offending school employee had a history of inappropriate conduct.

These are some personal injury opportunities that take place in public and private school sectors.  

  • Bullying or fights
  • Sports activities
  • School bus accidents
  • Abuse – sexual, verbal or emotional

Many times these incidents are protected.  When a victim and his or her parents can prove negligence or improper supervision, a case should be brought against the school to receive compensation for a personal injury.

Negligence or Foreseeability

If a child is injured on school grounds and the school knew about the danger or didn’t take appropriate measures to protect your child, they could be held liable.  

The Cornell School of Law defines negligence as “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.  The behavior usually consists of actions, but can also consist of omissions when there is some duty to act.”  If a teacher or other staff member is negligent or the school is negligent in their hiring process, a case can be made for compensation.

Also defined by Cornell School of Law, “foreseeability asks how likely it was that a person could have anticipated the potential or actual results of their actions.”  If a teacher sees that playground equipment is broken but allows students to play on it and someone is injured, the injured party may have a case impacted by foreseeability”.  

Both negligence and foreseeability are imperative pieces of a legal matter against a school, whether public or private.

Public Schools and Liability

Holding a public school accountable for a personal injury can be a difficult process.  Because a public school is a governmental agency, there are procedural hurdles and immunity situations as well as reporting guidelines that all have to be adhered to.  If your child is injured in a public school in Pompano Beach, Florida, it is important that you report the injury immediately and contact the Law Offices of Ken M. Frankel as soon as possible.  Because there are special laws that govern suing governmental agencies, you will need a professional attorney to assist you in this process.

Private schools and Liability

If your child is injured at a school that is private, you may file a personal injury lawsuit against the school just as you would any other company.  It is important to note that foreseeability and negligence are important to be able to prove if a suit is filed.  

Have You Been Injured In A Pompano Beach, Florida Accident?

If you’ve been injured you need to speak with an experienced personal injury attorney as soon as possible. Contact us online or call 954-799-4529 to schedule your free, no obligation consultation.  We help personal injury victims in Pompano Beach, Florida and surrounding areas.

Also visit Frankel Injury Law to learn more about protecting your 18 year old children at college.