Recent Incident Regarding Children of Different Ages Playing TogetherA claim against LAUSD recently reached a settlement – a surprising but rightful settlement of $9.5 million. The victim was a young first-grade student. During a recess period, an older fourth-grade student picked up the victim and ran with him – playing a game common in the specific school. While the fourth-grade student was running while carrying the younger student, he tripped on another student’s shoe – falling and dropping the first-grade student on his head. The young victim suffered a traumatic brain injury that actually worsened because the school personnel failed to take the incident seriously. Although personnel could not have known that such incident would occur, taking the appropriate precautions such as separating children by age during recess periods and supervising the children could have prevented the accident from occurring.
Understanding LAUSD Liability for Child InjuriesIs LAUSD liable for the child injuries suffered on their premises, while they are supposed to be taking care of the children? LAUSD, teachers, and all school personnel, in general, have a specific duty of care to their students. They must supervise the children at all times and ensure that they are out of harm’s way. Since allowing younger children to play with older children can increase the risk of younger children being harmed, LAUSD also has a duty to keep children separate based on ages and supervise them enough to ensure that all students remain safe, even if they are all out at the same time. children suffer injuries. Children should be supervised at all time. Although children of different ages can play together safely with the proper supervision, it can be dangerous when LAUSD fails to supervise the children. Because children are focused on having fun during playtime, all children must be constantly reminded to follow the rules – that is why supervision is vital. Whenever children are left unsupervised and children suffer accidents that cause injuries, the district could be held accountable for all the harm suffered by the children. For more information about LAUSD’s liability for child injuries due to both the lack of supervision and allowing children of different ages to play together, do not hesitate to seek legal assistance with our experts as soon as possible. Our knowledgeable attorneys are ready to provide you with all the information that you need to ensure that you have a thorough understanding of liability for child injuries at schools.
Your Right to Pursue a ClaimYour right to pursue a claim after your child suffered an injury is simple. Consider the information mentioned above – LAUSD owes your child a specific duty of care. When the duty of care in breached, LAUSD could contribute to causing an accident which can result in significant harm. When the harm suffered in a school accident can be directly attributed to a breached duty of care – such as the failure to supervise children while on the premises – the district could be found liable for the accident and the harm suffered. This means that you will have grounds to pursue a claim against the school district – as your child would not have been injured had they stayed true to their duty of care towards your child. If you would like to learn more about your specific right to sue based on the details of your claim, do not hesitate to contact our law firm at your earliest convenience.
Your Right to Receive CompensationDo you have the right to receive compensation after your child suffered a school injury while he or she was supposed to be under the care of the school personnel? Depending on the specific details of your claim, you might have grounds to recover monetary compensation for the harm that your child suffered and will continue to suffer in the future. How much compensation could you receive? What type of compensation could you be eligible to recover? The specific details on the compensation that you could be eligible to recover depend on your claim; however, you could be eligible to recover some of the following types of compensation:
- Medical expenses
- Lost income
- Pain and suffering
- Loss of consortium
- Funeral and burial costs
- Punitive damages