Parents who have young children understand that there is a great deal of responsibility to supervise them and protect them from harm. Unfortunately, parents are not always with their children in order to make sure they do not hurt themselves or get hurt by others. One example of this is the significant amount of time that children spend away from their parents while attending school. During that time, it is the duty of the school staff and faculty to provide security and safety to children.
When we send our children to school, we do so believing that they will be provided with a safe environment to learn and grow. However, that confidence is compromised when negligence leads our children to sustain injury and harm while under the supervision of the school authorities.
Injuries that occur at a child's place of education can be grounds for filing a legal claim against the school or educational district in order to recover compensation. Most schools, especially public schools, have established a set of rules and regulations in order to promote a safe environment to children. This includes maintenance of the school premises but also supervision of student interaction, meal consumption and outdoor activities. Because these regulations are in place, the failure to meet these standards falls under the legal theory of negligence and can be attended to through legal action.
The duty of school officials to protect children from harm while at the school covers two main issues. The first are injuries caused because of unsafe and hazardous premises conditions. These conditions may include but are not limited to:
The second area where school staff and faculty are expected to protect students from harm is the interactions that occur between students. This includes injuries on the playground due to rough play, sexual harassment and assault, bullying and hazing, school fights and even school shootings.
The complexity of cases dealing with injuries at school is pinpointing who to sue. Parents seeking legal recourse after their child was harmed under the supervision of another adult who had a duty to protect them deserve to be informed on their options for taking action. The process for a legal claim involving a school begins with filing a report with the Department of Education, which will then launch an investigation concerning the claims made in the report.
The administrative agency will assess the situation and offer a calculated amount of damages for compensation. Generally speaking, this report with the Department of Education must be filed before the parents are allowed to file a private lawsuit against the school in order to have authorities address the existing conditions which are allegedly putting the students in danger. If the monetary compensation offered by the administrative agency is inadequate or unequal to the cost of the injuries, the parents may then pursue further action against the school in the form of a personal injury claim.
If you are the parent of a child who was injured at school and you are considering taking legal action against the school, you should contact a San Fernando Valley personal injury attorney as soon as possible. Your child deserves to be cared for by the people supervising him or her at school. If there is negligence present at the school in terms of premises conditions or staff behavior, it must be dealt with and your child deserves justice.
When you hire The Law Offices of Gerald L. Marcus to help you claim compensation from the school for your child's injuries, we will stand by you during every step to ensure that the rights of your child as a student of the school are protected. If the administrative agency does not offer you proper compensation for the damages, we will work towards filing a private lawsuit seeking action against the school specifically. We can work to obtain compensation for you and to improve the condition of our community's schools. Call our office and begin working with one of our personal injury attorneys from San Fernando Valley today.