Seeking Damages for Injuries at School

Schools are responsible for the care and welfare of students. If a school is negligent in this responsibility and a child suffers injury as a result, parents may sue for compensation. A school's liability may extend beyond dismissal of classes, especially if the injury occurs on school grounds. Injuries may extend beyond a physical injuries and include the emotional trauma that arises from the wrongdoing of school personnel. As with any civil tort case, the plaintiff must establish a breach of duty and that this breach resulted in the injuries.

Establishing School Fault for a Child's Injury

Schools are held to a standard of care when it comes to students (or even possible trespassers). The factors involved include the following:

• Age and maturity of the child
• Nature of any known risk
• Precautions taken by the school to avoid this risk
• The school's environment

Certain risks are foreseeable, such as children playing on school grounds, children crossing at a school's crosswalks and children walking the school's hallways and public spaces. In these cases, schools must offer adequate oversight and supervision to diminish the risk factors. If, for example, the school has a majority of pre-teen children, it should provide crosswalk monitors to supervise children crossing the streets to avoid possible accidents. Hall monitors are often used to ensure that children get to their classes safely. These are basic safeguard measures. If a school falls below this standard of care, it can sometimes be seen as negligent and liable for injuries suffered. School liability may extend beyond the physical. The rise in bullying and sexual harassment has placed the burden on schools to maintain proper interaction between students and teachers. At minimum, schools should warn that certain activities will not be tolerated. In cases of a teacher violating protocols, including sexual improprieties, a school must take measures to ensure the further safety of any child who is harmed and those who might be harmed in the future. A school may be held liable for negligently hiring or retaining personnel with a past history of child abuse. As with any tort case, plaintiffs must prove that the injuries arise from the school's breach of duty. Damages arising from a child injured on a school yard may be more easily quantifiable because of actual medical records. The plaintiff can often readily identify the point of negligence, such as faulty equipment or other signs of inadequate maintenance. However, other evidence is harder to track. For instance, a child who is bullied and subsequently suffers depression (and its resulting costs) may not be as easily quantifiable as the prior example. In such a case, the plaintiff may have to rely on expert testimony to determine causation as well as the actual damages of the action.

Private School vs. Public School

In many cases, public schools are protected because of governmental immunity. Depending on the type of injury and surrounding circumstances, parents of an injured child may not be able to pierce this immunity. However, jurisdictions may provide exceptions to this immunity such as in cases of gross negligence by a school or school's personnel. Private schools are not afforded this type of immunity. For instance, while many jurisdictions bar public school liability for injuries sustained during an off-site field trip, this protection is not extended to private schools. Some jurisdictions treat civil actions against public and nonprofit private schools the same. For instance, under Illinois' Tort Liability of Schools Act, the law does not distinguish between nonprofit private and public school districts, setting a similar cap to recovery against either (currently $10,000 for each separate cause of action).

Talk with an Attorney

If your child has suffered an injury due to school negligence, your first course of action should be to consult with an attorney to seek damages. You will have to show that the school breached its duty to your child and that your child has suffered an injury as a result of this breach. Talk with an experienced attorney regarding seeking damages arising from injuries at school.