Learning that your child has suffered an injury while at school is always difficult. Unfortunately, school injuries occur regularly. The grounds and factors that were present when your child suffered an injury are highly important. The child injury lawyers in Gainesville, FL, at The Galione Law Firm, P.A. are dedicated to determining the factors surrounding the circumstances of your child’s injury to relentlessly protect your child’s rights. If your child was injured at school, request a free consultation with a trusted attorney today.
Common School Accidents
As your child spends a lot of time at school, engaging with others and doing many things — there are many ways an injury may occur. Our personal injury attorneys recognize the following as examples of how a child may become injured while at school:
- A food allergy or food poisoning
- Asbestos exposure
- Natural disaster
- Man-made disaster
Our trusted Gainesville attorneys collect medical reports, injury reports, and all of the facts surrounding the incident. From there our lawyers work to determine liability, whether the injury could have been foreseen and whether the act was negligent or intentional in nature.
Who Is Liable For A School Injury?
A significant portion of determining liability is first determining if the injury was caused purposefully or accidentally. By law, schools are required to provide children with a safe environment. Schools and staff are also legally required to uphold an acceptable level of care for all children. Failure to meet requirements can place the school at fault for negligence. For example, if your child was injured while playing on broken playground equipment, the school may be found liable for neglecting to repair the equipment and provide a safe environment, thereby failing to uphold an acceptable level of care. If a child was purposefully injured by another child, then the parents, the child or the school may all be responsible for failing to mitigate the bullying or harmful behavior.
Alternatively, if your child was accidentally injured by another child, the school or staff may be liable for failing to provide proper supervision of the children or a safe environment for the children to interact within. Unfortunately, instances occur where children are harmed by school staff. In those instances, the facility or administrators may be held liable for failing to conduct a background investigation, failing to provide training to the employee, overworking staff members, etc. Additionally, the employee responsible is liable and likely faces criminal charges. Cases of school injuries are not cut and dry. School injuries are complex in nature and typically involve numerous, multi-faceted factors that require the professional experience of a child accident lawyer.
Private School Or Public School
The type of school at which your child sustained the injury is an important part of the Gainesville child injury claim. The state of Florida recognizes public schools as government entities, and as a government entity, the school and school staff are protected under sovereign immunity from specific liabilities. Although, should the school or school staff be found in negligence, such sovereign immunity is waived. On the other hand, private schools have no level of immunity. In instances of a lawsuit with a private school, the organization backing the private school would be targeted for the claim and/or lawsuit.
Common School-Related Injuries
Acts of negligence or intent can impose dire injuries upon a child. In some cases, the extent of injuries is long-lasting and can even cause death to the child. School injuries include but are not limited to the following:
- Injuries from bullying or physical altercations
- Bruises, cuts, and abrasions
- Food poisoning
- Allergic reactions
- Internal organ injuries
- Fractured and broken bones
- Traumatic Brain Injuries (TBI)
- Sprains and strains
- Concussions and contusions
Deaths related to school injuries are, unfortunately, becoming more common as incidents such as school shootings increase across America.
Choose A Trusted Child Injury Lawyer
When your child suffers an injury at school — a place where they should be able to safely learn — you deserve legal representation that is experienced and dedicated to defending the rights of your child. Our attorneys in Gainesville, FL, skillfully guide you through the legal process and inform you of the rights of both you and your child. For trusted legal representation dedicated to holding those accountable for your child’s school injury, contact The Galione Law Firm, P.A.