When children are at school, the school district and its employees are responsible for keeping them safe. When this duty of care is broken, children might get hurt.
When children are hurt at school, parents might be able to hold the school, district, or even individual teachers liable for the injuries. Liability in these cases is often based on negligence. Schools owe their students a duty of care and safety. Students might get hurt when this duty is breached, and the school can be held liable. One example of a lawsuit against a school is a premises liability case. If the school is unsafe for students and your child is hurt, you can sue the school. You can also sue if your child was the victim of an assault on school grounds.
If your child was hurt while attending a New Jersey school, the school and other parties might be liable for your child’s injuries. Call Legal Care New Jersey at (732) 838-9769 for a free case review to get started.
Liability in Cases Where a Child is Injured at School in New Jersey
Like many other personal injury cases, a lawsuit against a school or school district is often based on negligence. Negligence is a legal concept comprised of four important elements: duty, breach, causation, and damages.
When your child is at school, the school owes them a duty of safety and care. Schools are responsible for keeping kids safe while they are on campus. School districts are responsible for making decisions that protect students and avoid or prevent harm.
A breach is something that violates or breaks the duty of care. In the case of an injury at school, a breach might be a decision or action by school officials that places your child in danger. From the bus accident example above, the decision by the school district to remain open, this placing children on dangerously icy roads, would be a breach of the duty of care.
The element of causation represents the connection between the breach and the injuries. Not only must the two be connected, but the breach must be the direct and proximate cause of your child’s injuries.
Finally, you must prove your damages are real. Damages should not be hypothetical or only possibilities in “what if” scenarios. We can help prove damages by using your child’s medical records to show treatment for injuries and get people who witnessed the accident to testify.
Who Can I Sue After My Child is Injured at School in New Jersey?
If your child was injured while attending school in New Jersey, there might be multiple parties you can hold liable. For many concerned parents, determining who is liable may be difficult and feel overwhelming. Schools tend to be large institutions, and the prospect of suing an entire school may feel daunting. Our New Jersey personal injury attorneys can help you stand up for your child’s rights and get the compensation your family deserves.
Depending on the circumstances, the school might be liable for your child’s injuries. A school is more than just a place. It is an institution and is responsible for your child’s safety. If school policy breaches the duty of care by placing your child in danger, or if the school fails to protect your child from harm, it can be held liable.
The school district might also be held liable if a decision or action by the district rather than your child’s specific is the direct cause of the injuries. For example, suppose your child’s school district decides to remain open despite a bad snowstorm. If your child is injured because their school bus had an accident on the icy roads, the district might be liable.
Premises Liability After a Child is Injured in a New Jersey School
One example of an accident at school leading to injuries for children is premises liability. Premises liability is a legal concept in which property owners are responsible for maintaining their premises and keeping them safe for guests and visitors. A school or school district may be sued under the theory of premises liability if school property is not kept safe and hazardous conditions lead to injuries.
One common premises liability example is a slip and fall accident. In a school, a slip and fall might happen in a stairwell or hallway when a student is moving to their next class or taking a bathroom break. If the stairs are uneven or poorly maintained and a child trips and falls, the school can be held liable for their injuries under the theory of premises liability.
Generally, a property owner is responsible for repairing or eliminating known hazards and making reasonable inspections for unknown hazards. Our Jersey City personal injury attorneys can help you prove that the school knew the conditions of the school grounds were unsafe when your child was injured.
Can I Sue if My Child is Assaulted in School in New Jersey?
Not every injurious incident at school is the result of an accident. Reports of assault are not unheard of from schools across New Jersey. In some cases, the assaults come from other students. In other cases, teachers are assaulting students. If your child is assaulted and injured at school, the school can be held liable for failing to prevent the incident.
Assault is an intentional act, not an issue of negligence. As such, our New Jersey personal injury attorneys must take a different approach to get compensation for your child’s injuries. We will need evidence to show that the assailant intended to cause your child harm. Even if we cannot sue the school for the assault, we can still sue the assailant.
Call Our New Jersey Personal Injury Attorneys for Help
If your child was injured in an accident at school or someone at your child’s school assaulted them, our Newark personal injury attorneys can help you get justice. For a free case review with our experienced team, call Legal Care New Jersey at (732) 838-9769.