When you send your child to school, you expect teachers and administrators to provide a reasonably safe environment. Children occasionally fall, scrape their knees, or get hurt while playing. However, learning that your child suffered a serious injury because someone failed to supervise students or address a dangerous condition is a different situation.
Under California law, a school district, school employee, private school, or another party may be legally responsible when negligence causes a child’s injuries. However, schools are not automatically liable simply because an accident occurs on campus.
How Are Children Injured at School?
Children spend much of their day in classrooms, playgrounds, gymnasiums, and other areas where accidents can happen.
Several types of school accidents can lead to serious injuries.
- Playground Accidents. Poorly maintained equipment, unsafe surfaces, or inadequate supervision can create serious hazards. Determining liability may require examining the equipment’s condition, inspection records, and whether school personnel knew about the danger.
- Slips, Trips, and Falls. A school may face liability when a dangerous condition or negligent conduct contributes to an accident.
- Sports and Physical Education Injuries. An accident may raise liability questions when a coach provides unsafe instructions, disregards known hazards, or fails to take reasonable precautions under the circumstances.
- Bullying and Physical Altercations. A school may have a duty to take reasonable measures to protect students from foreseeable harm, like bullying or fighting.
School-related injuries can also happen outside the classroom. A school bus driver may cause a collision, a child may be struck while boarding a bus, or inadequate supervision during transportation may contribute to an injury.
Who Can Be Liable When a Child Is Injured?
Determining liability begins with understanding how the accident occurred.
Several parties may be responsible.
- Public school districts
- Teachers
- Coaches
- School employees
- Private schools
- Property owners
- Third-party contractors
An attorney can investigate whether multiple parties contributed to the accident.
How Do You Prove Negligence in a California School Injury Case?
A successful negligence claim requires proof that the defendant owed the child a duty of care, breached that duty, and caused compensable injuries.
Useful evidence may include:
- School incident reports
- Photographs of the accident location
- Surveillance footage
- Statements from students and witnesses
- Teacher and administrator communications
- Maintenance and inspection records
- Prior complaints about a hazard
- Medical records and treatment bills
- School attendance and educational records
- Expert opinions when necessary
The evidence needed depends on the type of accident. Preserving evidence promptly can be important because school facilities may be repaired, video recordings overwritten, and witness memories can fade.
What Damages Can You Recover If Your Child is Injured at School?
When another party’s negligence causes a child’s injuries, California law generally allows recovery of qualifying economic and non-economic damages.
Economic Damages
Economic damages compensate for measurable financial losses resulting from the injury.
These losses may include:
- Emergency medical treatment
- Hospitalization and surgery
- Physical therapy and rehabilitation
- Prescription medications
- Future medical care
- Long-term care expenses
- Future lost earning capacity
- Other out-of-pocket expenses
California law distinguishes between claims belonging to the injured child and certain expenses or claims that may belong to the parent. An attorney can help determine how to present these losses properly.
Non-Economic Damages
Non-economic damages compensate for the physical and personal effects of an injury.
These may include:
- Pain and suffering
- Emotional distress
- Mental anguish
- Permanent impairment
- Scarring or disfigurement
- Loss of quality of life
A serious injury can cause anxiety, fear, or emotional difficulties that require ongoing treatment. These consequences can be considered when determining appropriate compensation.
Contact Robles Babaee, Personal Injury Lawyers for a Free Consultation with a Santa Ana Personal Injury Lawyer
Schools are places where children should be able to learn, play, and grow in a reasonably safe environment. If your child suffered a serious injury at school, your family may be entitled to compensation.
Contact Robles Babaee, Personal Injury Lawyers for a free consultation. Our firm can help you understand your rights, investigate what happened, and determine whether someone can be held legally responsible for any damages your child suffered.
We serve Cobb County. Visit our office located in Santa Ana, California.
Robles Babaee, Personal Injury Lawyers
1851 E 1st St, Suite 810, Santa Ana, CA 92705
(714) 263-3700