Associate at AKD Lawyers
Practice Areas: Personal Injury, Property Damage, Insurance Bad Faith Claims, Breaches of Contracts, Employer-Employee Disputes
Every parent wants to ensure their child’s safety, especially in places like schools that should provide a secure environment for learning and growth. However, accidents and injuries can happen. When they do, understanding your legal options and the steps to take can make all the difference in protecting your child’s rights and holding the responsible parties accountable.
Common Causes of School Injuries
Injuries at school can occur in various situations, often due to negligence or unforeseen accidents. Common scenarios include:
Playground Accidents
Playgrounds are meant for fun, but broken equipment, unsafe surfaces, or lack of supervision can lead to severe injuries, such as broken bones or head trauma.
Sports-Related Injuries
While sports injuries are common, some may result from inadequate coaching, defective equipment, or unsafe playing conditions.
Bus-Related Incidents
School bus injuries can happen during crashes, falls while boarding or exiting, or due to improper safety protocols.
Slip and Falls
Children might slip on wet floors, uneven sidewalks, icy surfaces, or poorly maintained stairs.
Food Poisoning
Contaminated or improperly stored food in school cafeterias can lead to severe illnesses.
Bullying and Physical Altercations
Injuries caused by bullying or fights, whether physical or emotional, can have long-lasting effects.
Immediate Steps to Take After an Injury
Seek Medical Attention
Your child’s health should always come first. Ensure they receive medical care, even if the injury appears minor. A professional diagnosis can prevent complications and provide a documented medical record.
Report the Incident
Notify the school immediately. Request a copy of the incident report, which is essential for documentation.
Gather Evidence
Collect as much evidence as possible, including:
- Photos of injuries and the scene.
- Eyewitness accounts (from teachers, staff, or students).
- CCTV footage, if available.
Track Medical Bills and Expenses
Maintain records of all injury-related expenses, including doctor visits, medication, therapy, and special care.
Document Your Child’s Recovery
Keep a journal detailing your child’s physical and emotional struggles following the injury to highlight its impact on their daily life.
Understanding Legal Liability
Private vs. Public Schools
- Private Schools: These institutions are treated like private entities, and lawsuits can be filed directly against them if negligence is proven.
- Public Schools: As government entities, public schools may have certain immunities. Filing a claim against them often involves stricter rules, including submitting a formal Notice of Claim within a specific timeframe (e.g., 60–90 days).
Proving Negligence
To hold a school accountable, you must establish that:
- The school owed a duty of care to your child.
- The school failed in this duty through negligence.
- The negligence directly caused your child’s injury.
Comparative Negligence in Louisiana
In Louisiana, the rule of comparative negligence applies. For example, if your child is found partially at fault (e.g., 30%), the compensation awarded will be reduced by that percentage.
Filing a School Injury Lawsuit
Steps to File a Claim
- Submit a Notice of Claim: This is the first step if your child attends a public school. It should detail the injury, how the school was negligent, and the compensation sought.
- Await Response: The school district will investigate the claim. If denied or ignored, you may file a lawsuit.
- File a Lawsuit: Ensure compliance with all deadlines. In Louisiana, personal injury claims typically have a one-year statute of limitations, but deadlines for public schools may be shorter.
Types of Compensation
Parents may seek damages for:
- Medical expenses (past and future).
- Pain and suffering endured by the child.
- Emotional distress.
- Lost wages if a parent had to take time off work.
Practical Advice for Parents
Investigate Policies and Procedures
Learn about the school’s safety measures and protocols. For example, if a playground injury occurs, determine whether the equipment was properly maintained or supervised.
Understand Your Rights
Schools are responsible for providing a safe environment. If negligence is evident, parents have the right to pursue compensation.
Seek Legal Counsel
School injury cases can be legally complex, particularly those involving public schools. Consulting a qualified personal injury attorney ensures you understand your options and rights.
Frequently Asked Questions
Can I sue the school for any injury?
Not all injuries warrant a lawsuit. You must prove that the injury resulted from the school’s negligence.
How long do I have to file a claim?
In Louisiana, most personal injury claims have a one-year deadline. However, claims against public schools may have shorter deadlines (30–90 days).
What if another child caused the injury?
In such cases, the school’s responsibility depends on providing adequate supervision.
Can I file against individual staff members?
In some cases, yes. However, the liability may ultimately fall on the school district.
Protect Your Child’s Rights Today
Don’t navigate the process with your child if your child has been injured at school. The journey can be challenging, from gathering evidence to negotiating with the school district. At Alvendia, Kelly & Demarest Accident Injury Lawyers, we’re here to help.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
