My Child Was Injured at School. What Do I Do?

LAW BLOG  •

July 7, 2016

When kids come home from school with the occasional scraped knee or an accidental broken arm from playing on the playground, most parents don’t think twice about legal responsibility. However, some accidents are not quite as innocent. Schools are responsible for providing children with safe environments. When they fail to do so and a child suffers harm, parents have every right to explore and pursue legal action against those responsible.

Getting to the Bottom of Your Child’s Injuries

If your child comes home with bruises, broken bones, or other injuries from serious negligence or intentional harm, you may not know what to do or where to start. Take these steps to protect your child’s wellbeing:

  • Talk to your child. A child who has suffered an injury at the hands of someone else may not want to speak openly about the situation for fear of reprisal. Let your child know that he or she is not in trouble for getting injured. Based on what your child says (or doesn’t say), you may learn more about the circumstances and if the incident was preventable.
  • Seek medical attention. Tell your pediatrician about any suspicious circumstances and ask your child to give the doctor an honest account of what happened, especially if your child is unwilling to talk to you. Medical professionals are trained to look for signs of abuse, violence, and negligence in children.
  • Speak with the school. Ask the school for an account of what happened. Listen for any inconsistencies between what your child told you and what school employees say. If you have a good rapport with any of your child’s teachers, ask them about what happened.
  • If you have any lingering suspicions, contact an attorney. Working with children can be difficult, especially if they fear punishment for their own actions or for speaking out against someone else. An attorney will help you continue your investigation and take action against the responsible party, if necessary.

Intentional Harm, Negligence, and Liability

Many schools fight problems with bullying on a daily basis. In reality, administrators can’t reasonably watch every student for potential acts of bullying. Unless a school has reason to suspect bullying and fails to act, parents are ultimately liable for their children’s actions against other students.

In some appalling cases, school employees are responsible for causing intentional harm. Physical violence under the guise of discipline or any other activity is forbidden in modern schools. The employee and the school district may face liability in these cases.

Many student injury cases fall under the category of negligence. A case based on negligence often highlights a school’s failure to provide a safe environment for student safety. Acts of negligence at school may include allowing students to wander into the street, failing to follow safety standards for emergencies, failing to maintain food safety protocols, and failing to maintain the property.

Finding an Attorney for School-Related Accidents

Falling off a swing set, tripping down the front stairs, or tearing a ligament in physical education class is usually a true accident that could happen to any student. However, many school incidents are preventable. If you are concerned about your child’s safety at school, talk to an attorney who has experience with cases against public and private schools. If you do have a claim, your attorney will help you obtain an appointment as your child’s guardian ad litem so that you can take legal action on your child’s behalf.

Your child deserves a safe place to learn, socialize, and grow when he or she is not in your care. Contact the Houston personal injury lawyers at Gordon & Elias, LLP for more information about school injuries and Texas laws.

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