We believe our children will be provided with a safe environment in the schools they attend. However, all too often our trust in our local school system is broken when our child suffers a severe injury due to negligent actions of school supervisors, teachers, physical education caches, staff, and security. Schools carry a duty to provide their students with a safe and hazard free environment. Schools must do everything within a reasonable means to protect children entrusted to them by caring parents.

If your child has been injured in your local school district or at a private school contact our California School Injury Attorneys at (855) 385-2529.

Types of School Accidents and Personal Injury Claims: 

Some of the leading causes of injuries in schools are as follows

  • Slip and Fall accidents
  • Physical Education Injuries: Coaching Negligence
  • School Science lab accidents and explosions
  • Sport Injuries
  • Falling Objects
  • School Fights:  Assault and battery in school
  • Bleacher collapse
  • Defective and unmaintained desks
  • Defective Doors
  • Bullying and Hazing
  • Toxic Exposure of Chemicals
  • Cafeteria Food Poisoning
  • Sexual Assault and Rape in Schools
  • Teacher Sexual misconduct:  Including Sexual Harassment
  • School Crossing Injuries
  • Playground Injuries
  • Lack of supervision
  • Lack of Security
  • School Bus Accidents and other public transportation accidents
  • School Shootings: Firearm and Gun Offenses in Schools
  • Faulty Electric hazards
  • Hazardous waste
  • School construction site injuries
  • Lead in Schools

Common Injuries associated with school accidents are as follows:

  • Brain Damage: Traumatic Brain Injury
  • Spinal Cord Injury
  • Paralysis
  • Fractured Bones
  • Torn Ligament
  • Knee Injuries
  • Severe Neck Injuries
  • Facial lacerations
  • Broken Nose
  • Emotional Trauma
  • Electrocutions
  • Burn Injuries
  • Infectious diseases
  • Lead Poisoning
  • School Suicides
  • Student Fatalities: Wrongful Death of a Student

How to prove School Liability in Court:  Recovery for a School Accident Injury Claim

Recovery for a personal injury claim in California will likely be based on negligence.  Accordingly, negligence requires the demonstration of four elements:

(1)  A Duty of Care is owed to the plaintiff under the circumstances, (2) the responsible party breach their duty of care to the injured party (plaintiff) (3) the defendant was the actual and proximate cause of the plaintiff’s damages and (4) the plaintiff actually suffered some harm (psychological or physical) as a result of the defendants negligence.

Thus a plaintiff will have to prove the school has a duty of care to protect the student; the school failed or breached its duty leading to the students injuries.

Liability for Failure to Supervise Creating Dangerous Conditions : All too often teachers and staff that are left to supervise students in playgrounds, lunchroom cafeterias and playgrounds do not have the requisite training and have not been given proper instructions. California Code of Regulations, title 5, §§5551 and 5552 states that all staff and administrators must be adequately trained in the duties they are given and must continually retrain in order to perform their jobs well. If failure to do so leads to student injuries then liability of the school districts may be established.

Criminal Assaults and School District Liability:  A School owes a general duty to supervise children and must take reasonable measures to prevent foreseeable acts of violence in school.  This may include acts of valance by third parties including other students, person from outside the school who infiltrate the campus, teachers and staff.  Acts of violence include assault and battery, firearm offenses, bullying, hazing, sexual assault, and murder.

School Bus and public Transportation AccidentsSchool bus accidents lead to more than 8,000 injuries every year, more than 1,500 of those injuries regarded as catastrophic.  Liability for injuries to students may not end when the student is no longer on campus.  If a school has take on the task of providing transportation then it owes a duty of safety to its occupants.   A school duty of care extends beyond the doors of the bus; the duty remains until the student has been placed in location safe from physical harm.

List of Largest School Districts in California

  •       Los Angeles Unified School District:  700,00 + students enrolled
  •       San Diego School District:  140,000 students enrolled
  •       Long Beach Unified School District: 100,000 students enrolled
  •       Fresno Unified School District: 80,000 students enrolled
  •       Santa Ana Unified School District: 60,000 students enrolled
  •       San Fransisco Unified School District: 60,000 students enrolled
  •       Oakland Unified School District: 55,000 students enrolled
  •       Sacramento Unified School District: 54,000 students enrolled
  •       San Bernardino Unified School District: 52,000 students enrolled
  •       San Juan Unified School District: 50,000 students enrolled

Other Major School Districts in California Include:  Beverly Hills, Irvine, Anaheim, Ontario, San Jose, Richmond, Berkley, Oceanside, Newport Beach, Pomona, Glendale, Burbank, Alameda, Bakersfield, Cucamonga, Chino Valley, Porterville, Simi Valley, Santa Monica, and Culver City.

Trusted Student School Injury Attorneys here to help in attaining recovery

School related injuries to students take place in the classroom, the school yard, sports facilities, and cafeterias.  The can occur before school has commenced, during school hours and after school.  Our trusted team of experienced litigators will defend your child right to compensation for injuries suffered while attending school.

What are my Litigation Costs:  At Downtown LA Law, we think that you have suffered enough as a result of your personal injury claim. It is under this belief, as well as the supreme confidence in our abilities, that we stand behind our bedrock principle: “NO RECOVERY…NO CONTINGENCY FEE.”  Therefore, you don’t pay us a penny unless we are able to win your case.

Resources: 

California Department of Education

Student Injuries in School – Frequently Asked Questions

Teacher Sexual Misconduct and School Liability

School Bullying and Cyber Bullying