Sometimes when a child is injured, it can be difficult to get the full story. Children tend to keep quiet about what happened, particularly when their injury was caused by a bully. Has your child been injured while someone else was supposed to be caring for them? If so, you likely feel overwhelmed with emotions like confusion and frustration. You’re likely desperate to determine who is responsible and how you can get justice for your child. What you’re able to do will depend largely on the specific circumstances. Read on to find out what you need to know if you’ve found yourself in this situation.
Intentionally harmful vs. negligent
The first thing you need to find out is whether the injury occurred as the result of an intentionally harmful act OR negligence. Intentional harm can include bullying, like if another child assaulted your child.
If another child physically bullies your child, the bully’s parents may be liable for your child’s injury, but it will depend on the circumstances that led to the harassment. Did the injury occur on school grounds? If so, and if the school was aware of the bullying but failed to act to stop it, it is possible that you could bring a lawsuit against the school as well.
When Negligence Caused the Injury
When you send your child to school, you trust that they will be properly cared for. It is the school’s responsibility to provide food, shelter, and, most of all, a safe environment for your child while he or she is in their care. If they fail to do so, you can claim that the school was negligent.
Some examples of common situations that involve negligence might include playground accidents (if there is inadequate supervision or broken playground equipment) or bus collisions (if the bus driver is negligent or has not been sufficiently trained by the school district). However, there are plenty of other situations in which the school may be at fault. If you’re not sure if the school could be considered negligent in the incident that led to your child’s injury, a personal injury attorney can help you! Some questions they’ll likely look at to determine whether it was an instance of negligence include:
- Did a teacher or other school employee have a duty of care?
- Did he or she breach that duty of care?
- Was the injury a direct result of this?
- What losses have you or your child faced due to the injury?
Will it matter if my child’s school is public or private?
Yes. Public schools are government entities while private schools are not. When bringing a lawsuit against a public school, you must follow the proper procedures. Private schools, on the other hand, can be subject to regular personal injury lawsuits in civil court.
If your child has been injured and you need guidance, the Bagneris Firm team is here for you. We will provide compassionate representation to get you and your child the justice you deserve. Let’s discuss your case. Contact us today.
Bagneris Law Firm
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