Student Injuries and School Accident Liability Commonly Asked Questions – FAQ’s

Below is some of the most common questions asked by student clients who have suffered injuries due to school negligence. If you have any further legal questions and would like to speak with an attorney contact our law firm toll free (855) 339-8879. All consultations are confidential and provided free of charge.

Can a student recover for an injury while a passenger on board School Bus or any other type of School Public Transportation Vehicle? Liability for injuries to students may not end when the student is no longer on campus. If a school has taken on the task (responsibility) of providing transportation, then it owes a duty of safety to its occupants. A school’s 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.

Can a student recover for injuries while on a school field trip? School districts may be held liable to sanctioned outside-school activities in which attendance is taken. However, a field trip does not fall into this category. Students generally waive all rights to liability for injuries sustained during field trips. California courts have held that Schools districts are immune from liability for injuries sustained during field trip outings. Courts justify their judgment based on Education Code section 35330 which states

• All persons making the field trip or excursion shall be deemed to have waived all claims against the district, a charter school, or the State of California for injury, accident, illness, or death occurring during or by reason of the field trip or excursion.

My child was injured during a sports activity while playing for a school team, what are his rights to recovery for his injuries? A School has a duty to supervise students including during sporting activities. California courts differentiate between sporting activities that are officially sanctioned by the school and recreational non-sponsored activities. Generally sponsored activities can give rise to liability where as non sanctioned sporting activities do not. Another important factor that must be determined for liability to take place in the assumption of risk taken by students who decide to partake in a sport. An individual is believed to have assumed the risk of injuries that are inherent in a specific sport he chooses to play in. However, such individuals do not assume the risk of injuries or accidents which are not inherent in the particular activity he has undertaken.

• Example: A varsity football player who sustains a broken arm by being tackled during practice will likely not be bale to file a claim because he assumed the risk associated with the sport.

The School administration failed to notify me of my child’s injuries from assault and battery or sexual assault. Does the School Administration have a duty to notify parents of the incident? What are my rights? In many instances administrators and school staff in LAUSD as other School Districts across California fail to notify parents or disclose physical or sexual assault of a child to parents or guardians. Usually School administrators have a duty to inform parents after learning of a molestation, sexual assault or physical abuse of a child. Furthermore, school districts may be held liable for emotional distress of the mother if such injuries resulted from a failure to disclose pertinent information regarding the incident.

My Child was beaten up by another student in school. What are his rights? Can we sue the school for negligent supervision of enrolled students? School administrators and employees have a legal duty to supervise the conduct of students during school hours. Teachers have a duty to prevent acts of misconduct which can lead to serious bodily injuries, emotional harm, and sexual assault. Under California law liability can be established if the duty to supervise is breached and injuries result from the failure to properly supervise. Each case is different and negligent/wrongful of failure to supervise cases are often difficult to prove.  In such instances, trusted and experienced School Accident legal representation may necessary to establish fault.

My Child was injured in a slip and fall accident in school. Can he recover for his/her injuries?  School Premises Liability Claim. Land owner or possessors liability varies greatly depending upon the classification of the victim. Generally, all visitors fall into one of three categories: Invitee:  An invitee is owed the highest duty of care.  They are any individual who is either expressly or impliedly invited to another person’s premises for their mutual benefit. Licensee: Any individual who enters the premises at the owner or possessors consent for a non business or commercial purpose.  The most common example is a social guest.  In order to recover as a licensee, a victim must establish (all three):

1. The owner or possessor knew or should have known of the dangerous condition, and should have known that it created an unreasonable risk of harm, and likewise should have known that the plaintiff would fail to discover the dangerous condition
2. The owner or possessor did not make the condition safe or failed to warn the licensee of the condition
3. The licensee did not know of the dangerous condition or the risks involved.

What are some common School Accidents and Personal Injuries leading to School District Liability?

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

What are the most common types of injuries that my child could suffer in a school-related accident? There are many different types of incidents that children could experience in school, potentially leading to a number of injuries varying in severity. Some of the most common injuries that could occur as a result of school incidents include the following:

• Head injuries and traumatic brain injuries
• Eye injuries
• Neck injuries
• Back injuries
• Spinal cord injuries
• Shoulder injuries
• Dislocations
• Finger crush injuries (some of which can lead to amputations)
• Electric shock injuries
• Broken bones
• Internal bleeding
• Knee injury
• Ankle injury
• Foot injury
• Sprains and strains
• Scrapes and bruises
• Burn injuries
• Lacerations

Regardless of the specific injuries that your child suffered in a school-related incident, you should explore your legal options as you could be eligible to file a lawsuit.

Who do I contact if my child has been injured in a School Related Accident?  Our Law Firm is dedicated to helping underage children receive compensation for their injuries in school. Our professional staff will be able to take care of all legal details so that you and your family can concentrate on the recovery of your child. All initial consultations are free of charge. And all our cases are taken free of charge meaning you don’t pay a penny out of pocket until we have been able achieve the highest amount of compensation possible for your child injury claim.

What if I need help in Spanish? If you are in need of legal representation in Spanish after your child was injured in a school incident, our lawyers can help you. We are proud to offer legal services completely in Spanish. You will not have to worry about using interpreting or translating services which could lead to important details being lost in translation. You can trust that you will be able to communicate efficiently with our experts.

¡Hablamos español! Nuestros abogados tienen experiencia con todo tipo de casos, incluyendo casos de accidentes escolares. Si le gustaría discutir su caso con nuestros abogados, no dude en contactarnos en cuanta pueda. Nuestros expertos están listos para ayudarle con su caso y a recuperar la recompensa que se le debe.

Resources:

Main Page: School Accident Attorney
California Department of Education