School Liability for Injuries to Students

The San Gabriel Valley Tribune and Fox News reported that two high school students from El Monte Union High School injured themselves during a game of tug-of-war during Spirit Week. Each severed at least one finger. The two California student athletes were in Los Angeles County-USC Medical Center where surgeons were attempting to re-attach their fingers.

The Children’s Hospital of Pittsburgh reports that 3.5 million students are injured annually across the United States while participating in school sports and recreational activities.

Parents should be aware that there are circumstances when you can sue your local the board of education for injuries your child suffers school. This is especially true in cases where the injuries are the result of the school’s failure to supervise. The following are some of the more common lawsuits arising from incidents that occur at school:

• Slip and falls on school grounds: The school board has an obligation to properly maintain its property so that it is safe. When a teacher or student falls on public school grounds the local board of education can be held liable when it is found to have been negligent.
• Assaults by fellow students: In these situations the claim is made against the local board of education for the school’s failure to supervise and prevent a violent attack by one student against another. An important factor in these cases is the level of the school’s awareness of prior incidents involving the student and the failure to impose appropriate discipline.
• Injuries sustained during recreation and sporting activities: These cases involve a claim of failure to supervise. However, the injured student must overcome the assumption of risk that they are presumed to have accepted before voluntarily participating in the activity.

Lawsuits against public schools are especially difficult and there are often strict time limitations on when the action must be brought as well as caps on the amount that can be awarded. Our personal injury attorneys have experience in litigating these types of cases and helping parents when their child has been injured as a result of unsafe conditions at school.