No parent ever wants to think about their child being hurt at school, but unfortunately, it does happen.
For example, there are more than 200,000 playground injuries a year.
They aren’t always at school, of course, but this is one place where children can get hurt.
Some of the most common injuries occurring at schools can include:
- Sprains—from running and being on the playground to gym classes, there are a number of ways sprains can happen while kids are at school. Sprains aren’t generally considered a very serious injury but can still require a medical visit.
- Dislocations—dislocated joints can be more serious than a sprain and often affect knees and shoulders. A doctor may need to move the joint back into the proper position, and your child may have to wear a brace. Physical therapy may also be needed.
- Cuts and bruises—these can occur in and out of the classroom.
- Fractures or broken bones—a more serious injury, broken arms, and legs can occur not only on the playground but also following other trips or falls. In some cases, a school can be liable for a child’s injuries. Premises liability may be relevant here, which is a type of personal injury law that relates to property owners and the duties to keep their visitors safe.
- Head injuries—of all the common injuries that can and do occur at schools, head injuries tend to be the most severe. They can have long-term, permanent consequences. Unfortunately, the severity of a head injury can initially be overlooked because it can take time for symptoms to occur. Concussions, skull fractures, and traumatic brain injuries are all types of head injuries somewhat common in children.
- Bullying—bullying and fighting can take place in schools, and a school can’t be responsible for every conflict, but there are instances where the school is found to be negligent if they knew someone was a troublemaker or physically violent and took no action, or were found to not be properly supervising students when an injury occurred.
- School bus accidents—school bus accidents can range from minor to severe and can contribute to a variety of injuries.
- Sports injuries—sports and especially contact sports like football have a risk of injury. That means that if a child voluntarily engages in them, the school probably isn’t liable for injuries, but if the equipment isn’t provided or is defective, or safety measures aren’t followed, the school could be legally responsible for resulting injuries.
What to Do If Your Child is Hurt At School
Injuries that happen at school can be deliberate but, more often, are accidental.
It’s normal to feel a range of emotions if you get a call that your child is hurt.
The first thing you should do is get medical attention if you think it’s needed. If you aren’t sure, it’s better to err on the side of caution in these situations. At a minimum, you can make a visit to your child’s pediatrician, especially if there’s the potential there was a head injury.
It’s better to have a medical professional confirm the injury is mild as opposed to not getting treatment and it getting worse.
Make sure that right away, you keep up with all the medical bills and records, instructions, and information about the diagnosis.
Once you’ve gotten needed medical attention, you can start talking to the administration of your child’s school. If they haven’t already completed an accident report, you should ask that they do so. If the injury is related to bullying or violence from another child, you should ask them what they’re doing about the situation.
Sovereign Immunity
Whether or not you can sue if your child was hurt on school grounds can depend on a legal concept called sovereign immunity.
Most government entities, including the state and the federal government, have immunity from lawsuits known as sovereign immunity. Sovereign immunity means they can’t be sued, and it specifically refers to state and federal governments.
Governmental immunity is the term used when it applies to city or county governments.
A public school district is usually considered an agency of the local government.
While there is immunity, most agencies in the government have exceptions where they can be sued under certain conditions.
There are usually pretty limited constraints. As an example, to sue a school or any other part of the government, the negligence would need to have been gross. Gross means highly negligent. Another option might be if the municipality bought insurance to cover a certain type of lawsuit.
The exact situations where you could sue for injuries that your child suffers on school grounds depend on the state and the circumstances.
State governments create the rules for when something like a school district can be sued.
As a result, the laws don’t vary within the state—just between the states.
If you feel like there’s a reason to sue your child’s school, it’s going to require additional steps, and you’re also going to have shorter deadlines.
Most states have a very brief statute of limitations for when you can sue for a personal injury against a government agency. It usually ranges from six months to two years. In most states, you also have to let the responsible agency know about your intention to sue before you can move forward with a claim.
One of the most frequent claims of negligence against schools is negligent supervision. That means that if someone such as a teacher had been fulfilling their job role properly, the injuries wouldn’t have happened.
Premises liability claims are lawsuits that are brought about because of a hazard or issue on school grounds.
Sovereign immunity might allow for a premises liability lawsuit, but usually only if the hazard was because of very negligent actions or the school district has relevant insurance.
If it looks like the school could be protected by sovereign immunity, they won’t offer a settlement.
Because it gets very complicated, the best thing you can do is talk to a personal injury attorney in your state.
