On Monday, September 9, 2019, a student at El Modena High School in Orange County died as a result of the injuries sustained in an on-campus incident involving a security guard’ golf cart. The unidentified 15-year-old student suffered major injuries and was transported to a local hospital, where he later died. According to a statement from a school district official, the student was being supervised by an aide (specifically a one-on-one aid) who tried to stop him from operating the golf cart. The boy allegedly got into the golf cart and rammed it into a pillar. No other details surrounding the unfortunate accident are available. Without a doubt, the victim’s family, the school, and the entire community are grieving the loss of the student. No one ever expects something so traumatic to happen – especially not in schools. Although this is a difficult time for everyone involved, it is necessary to address the most important question: who can be held liable for the student’s death? After such a traumatic incident, the victim’s family members might be interested in taking legal action against the party or entity liable for the victim’s death. In this case, the victim’s family might have grounds to pursue a claim against multiple parties. If your child lost his or her life as a result of an incident that occurred on campus, you might have grounds to take legal action.
Liability in School-Related IncidentsIn the incident described above, there are a number of red flags that might be useful to understand liability. First and foremost, the one-on-one aide that was supervising the student was unable to stop him from operating the golf cart. This raises the following questions: was the aide experienced enough to be trusted with the student? Did the aide have the appropriate training? Did the aide do everything within his or her reach to prevent the student from operating the vehicle? Did the aide call for assistance with the student at any time? Secondly, there are questions regarding the reason that the student could operate the security golf cart. Why was the golf cart unoccupied? Were the keys in the ignition? Was the golf cart left running while the security guard (or other personnel) was away from the vehicle? Did the security guard have the appropriate training to be allowed to work around children? There is also the assumption that the student was not capable of driving. But if he was, was there a defect in the golf cart that prevented the student from being able to brake? Did a defect allow the student to move the vehicle without a key for the ignition? Depending on the specific answers to the questions above, the aide (as well as the school and the district), the security guard (and the security guard company), and even the golf cart manufacturer could face liability for the incident. If you would like to learn more about establishing liability for the incident above or any other incident that occurs in schools, do not hesitate to seek the expertise of the lawyers at our firm immediately.
You Could SueDo you have the right to sue? Your right to sue is based on something simple – negligence. Someone owed your child a specific duty of care. All school staff and the entire school district owe students a duty of care. Companies that make products available for school-use, also have a duty of care towards their consumers (and towards students). When they breach their duty of care towards students, they create the risk of harm. When harm occurs as a direct result of a breached duty of care, the parties who breached their duty of care towards the victims can be held accountable – giving injured victims and surviving family members the right to sue. If you are unsure about whether you have the right to sue, do not hesitate to seek legal assistance with our experts as soon as possible. Our lawyers will provide you with the information that you need to understand your right to sue for the harm that your child suffered. — Liability for Golf Car Injuries — Golfer Left with Brain Injury after Assault in Golf Course — Golf Cart Rollover Accident — Brain Injury After Golf Cart Accident — Golf Carts and Left Turn Accidents — Defective Golf Cart Injury Attorney
You Could Recover Monetary CompensationDepending on the specific details of the case, claimants might be eligible to recover compensation. What type of compensation could you receive? How much compensation could you recover? The answers to these questions will always depend on case-specific details. In general, claimants could be eligible to recover compensation for all or some of the following: medical expenses; lost wages; pain and suffering; funeral and burial costs; loss of consortium; punitive damages. If you are interested in learning more about the type and amount of compensation that you might be eligible to recover if your claim reaches a successful outcome, do not hesitate to contact our firm at your earliest convenience. Our lawyers will fight for your right to recover the highest amount of compensation available for your claim.
Consider the StepsAfter losing a child, it can be difficult to think clearly and logically about what to do next. However, taking the appropriate actions will better the possibilities of reaching a successful claim outcome. Consider the following recommended steps:
- Ensure that the cause of your child’s death is clear (medical examination)
- Take photos of the scene of the accident
- Take photos of the injuries your child sustained
- File a police report
- Request surveillance footage (it might be necessary for your lawyer to make this request)
- Gather witness information
- Seek legal assistance