With a new school year comes new challenges for students—including the possibility of injury while in school or at a school-sponsored event. Schools should be safe havens for children of all ages to grow, develop, and learn. All too often, however, injuries happen during the school day and on school property as a result of negligent supervision by teachers, school administrators, and other school employees.
If your child was injured during school hours or at a school-sponsored event as a result of someone else’s negligence, you or your child may have a legal cause of action against the school, the school board, and a school employee. A knowledgeable New Port Richey personal injury lawyer may assist you with your case and provide you with the legal representation you need to obtain the best possible resolution.
Under Florida law, school employees and administrators have an affirmative duty to adequately supervise students in school and at school-sponsored events. A school district also has a legal duty to exercise reasonable care in supervising students under its care. If a school, school board, school employee, or school administrator breaches one or more of these duties of care and an injury or attack results on school premises, then the defendant(s) may be liable for the resulting injuries and harm.
Some common school injuries that occur as a result of negligent supervision and negligent security include:
Playground injuries typically occur when a school employee fails to supervise the children or does so in a negligent manner. Common injuries that arise in school playground injury cases include:
Sports injuries usually come about as a result of contact in sports, including basketball, football, and soccer. When accidents happen during these sports, students may suffer from broken bones, fractures, and concussions or other serious traumatic brain injuries (TBIs).
A TBI is normally caused by a violent blow or impact to the head, causing the brain to make contact with the inside of the skull. This can potentially lead to serious long-term injuries and consequences—especially in the case of young people whose brains are still in the process of growing and developing.
TBIs may be characterized as mild or severe. However, it is important to note that the damage caused by a mild head injury—especially to a child—is not always apparent on MRI scans or other imaging studies, oftentimes making the TBI worse over time. TBIs may also result in lengthy periods of recovery time and extensive medical treatments.
Traumatic brain injuries and other serious injuries sustained in a school sporting event usually occur when players are not adequately supervised. In that case, the individual, the school, and the school board could be on the line for negligence, negligent entrustment, or negligent supervision.
In school, negligent security can take many forms, including:
In negligent security cases involving schools, foreseeability of harm plays a large role in determining liability on the part of the school, school board, school employee, or school administrator. Some foreseeability factors that courts look to in these cases include:
Potential defendants in a school injury or negligent security case may include the school, the school board, and individual school employees who were on duty at the time the accident occurred and who was responsible for supervising the students.
In these cases, the injured plaintiff must ordinarily prove that the defendant(s) owed a duty of care to properly supervise student activities, that the defendant(s) breached this duty, and that this breach resulted in injuries and damages to the plaintiff student.
A school is supposed to be a safe haven where a child can grow and develop, both academically and personally. Parents trust school educators and administrators to take care of and protect their children. All too often, however, bad things happen at schools—and they largely result from employee negligence.
Schools and their employees are required to protect students and keep them safe from harm. When schools, their administrators, and their employees fail by acting unreasonably or negligently, then they must be held accountable for their actions under the law.
If your child has been injured at school as a result of someone else’s negligence, you or your child may have a legal cause of action against the school, the school board, and a school employee. The personal injury lawyers at Dolman Law Group are ready and willing to assist you with your negligence case.
Dolman Law Group
5435 Main Street
New Port Richey, FL 34652