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Are Schools Liable for Student Injuries?

January 11, 2022
kids at school

You're likely aware that students do get injured while at school, but what you might not know is when a school would be liable for a student's injuries. According to statistics released by the CDC, injuries are a leading cause of death amongst children who are 19 or younger in America. Additionally, approximately 9.2 million children aged between 0 and 19 are attended to in an emergency room department for injuries every year.

If a student has been injured in an accident at school, it's imperative you know when a school could be held liable for your child's injuries. That's why our NYC attorneys at Lipsig, Shapey, Manus & Moverman are going to share with you some important information in this article surrounding when schools could be liable for student injuries. We care about helping parents.

Whether A School Is Liable Will Depend On If The Act Was Intentional Or Negligent

When a lawyer works alongside you to build a case for compensation for a student's injuries, they will determine liability by establishing if the act that caused your child's injuries was negligent or intentional. There are many instances where various parties can be held liable for a student's injuries.

So what would classify as an intentional act of harm? Well, let's look at a real-world example. Often an intentional tort could include bullying. If a child physically harms another child while at school and during school hours, this can be classified as intentional harm.

If your child was injured this way, you could hold the parents of the child who injured your child liable. Additionally, you could also hold the school liable if it can be proven that the school was aware of the harm being inflicted and failed to put a stop to it.

Yet, what is considered a negligent act? Most of the same issues like bullying overlap with the area of negligence. If the injury to your child was not the fault of an intentional act at school but instead an accident, you can still hold the school liable, depending on the circumstances of your case. This is because accidents are often caused because of a failure on the part of a school or other entity.

When Is A School Unlikely To be Held Liable For A Student's Injury?

There are a few instances where a school is unlikely to be held liable for a student's injuries. It's important to know when a school won't be liable as it can affect how you proceed with your case.

Often a school will not be held liable for a student's injuries if they were injured on the property but outside school hours or outside of school-sponsored events. Let us look at an example.

If your child was hurt by someone else on a Sunday morning on a school playground, the school would not be liable because it had no responsibility to supervise your child on a Sunday morning when a sponsored event was not happening.

Another perfect example of when a school will not be held liable for injuries is organized sports. Often a student's parents sign indemnity forms stipulating that a school has no liability if a student becomes injured.

Therefore, if your child was hurt while playing soccer, football, or hockey, for example, and you signed an indemnity form, you could not hold the school liable for negligence.

Get In Touch With A NYC Personal Injury Attorney Today To Discuss If A School Is Liable For A Students Injuries

Should your child have been injured at a school, you could be able to initiate a claim for compensation. Proving liability for student injuries can be incredibly challenging, and the legal proceedings are often difficult to navigate by yourself.

That's why you need to consider hiring an NYC injury attorney from Lipsig, Shapey, Manus & Moverman. Our attorneys know how to determine liability when a student has been injured. We care about our clients, which is why we will work alongside you to ensure the best possible outcome is achieved. When you're ready to seek legal assistance, you can contact us, and we will meet with you for a free consultation.