As a parent, there is nothing more terrifying than getting a call from your child’s school principal stating that your child has been seriously injured on the school grounds. Your children are your whole world and you would do anything to protect them. The school grounds should be a safe place for children and hearing the news that yours has been injured can be devastating and confusing. This week, we will be talking about the types of injuries that can occur at school, who can be held responsible for those injuries, and what you as a parent can do to prove school negligence in the event that your child was injured while on school property. 

What Types of Injuries Can a Child Sustain at School?

Accidents can happen anywhere at any time. However, academic administrators and staff have a federal duty of care to make sure the number of accidents is minimized, that they occur with as little injury as possible, and are handled appropriately. In the United States, nearly a third of the 9 million children who receive emergency medical attention every year are injured as a result of slip and fall accidents. The majority of the 20,000 who have suffered traumatic brain injuries suffered their injuries at school. 

Each individual incident is as unique as the child who suffers the injury. Here are some common injuries that can occur at school. 

• Sports Injuries- Most sports come with the risk of injuries that are specific to the physical activity that takes place in the sport. For example, football can lead to a traumatic brain injury or a rotator cuff/shoulder injury
• Playground Injuries- Broken equipment or negligence can be the cause of playground accidents. Kids like to hang upside down on the monkey bars or jump off the swing when it’s propelling through the air. Where these can be fun, they can also lead to serious injuries like a broken arm or a traumatic brain injury. 
• Fights– Kids can be aggressive and physically harm one another for one reason or another. Unfortunately, fights can lead to some devastating ends if they are not handled properly. 
• Slip And Falls– Near every door should be a rug in case of rain or snow so the floors don’t become slippery. Drinking fountains should be monitored for leaks and spills. Spills in eating areas should be handled quickly and appropriately. 
• School Bus Accidents– Outside drivers trying to commute to the store or work can be one disastrous element of bus accidents. Others can be inadequate driver training, improper bus maintenance, or driver error.

As parents, we want our children to be safe all the time. Minor scrapes and bruises while playing outside are all normal occurrences at some point in a child’s life. In the event that a child is seriously injured while on school property, most parents don’t know where to turn or who to hold accountable for these injuries. 

Who is Responsible for My Child’s Injuries?

When a child is on school grounds, whether it be for a sporting event or during school hours, it is up to the administration and teachers to make sure that the child stays safe. Under federal law, the doctrine that applies to these faculty members is called “In Loco Parentis.” In other words, the teachers and faculty act as the child’s guardians to protect them and keep them out of harm’s way. If a child is injured, then it is the responsibility of the teacher who was in charge of the child at the time of the injury, and the school as a whole. School negligence must be proven in court with the help of a child injury attorney.

How do I Prove Negligence in My Child’s Case?

If the school is in fact at fault for your child’s injuries, then you must gather the proof of those injuries. Even the strongest of child injury cases need even stronger evidence in order to prove negligence on the school’s behalf. The types of evidence that parents need to collect to help their child’s case includes the following:

• Security Cameras- Most schools these days have some sort of security camera in the hallways, cafeteria, and other common areas of the school. Ask the principal to save all security footage from the day of your child’s injuries.
• Photographs- Taking pictures of your child’s injuries as soon as they get home to show the severity of them and throughout the healing process is pretty solid proof of what happened. Close-ups and wide shots of the accident scene should also be taken as safely as possible.
• Damages- Keep all medical bills from your child’s doctor visits and other medical expenses that relate to the incident. All receipts for out-of-pocket expenses for your child’s injuries should also be kept.
•  Witness Statements- Collecting statements from witnesses is a vital part in proving negligence in your child’s case. Ask witnesses to write their name, contact information, and what they saw happen. All witnesses should sign and date their statement, and if it’s true, that the child had no part in any way of causing their injuries.

Proving negligence is a key aspect in any personal injury case, especially in cases with children. The teachers whose care your child is under while in school need to be held accountable for their actions or lack of action. With the help of a skilled child injury attorney, all liable parties will be held accountable and your child’s rights will be protected through the whole proceeding.

Talking With a Child Injury Attorney in Florida

All parents know that there is nothing more devastating than hearing the news from your child’s principal that your child was seriously injured while on school property. You don’t have to deal with this stress alone. The Florida personal injury attorneys at Sheftall Law understand the complexity of child injury cases and with decades of combined experience, we have the legal knowledge necessary to protect your child’s rights and ensure that you receive the maximum compensation that you deserve. If your child was seriously injured while on school grounds in Florida, please contact the personal injury legal team at Sheftall Law at (904) 569-6025 today to explore the legal options that are available to you.