Any time someone has suffered an injury, it’s important that you receive some type of compensation from the party who may be responsible for that injury or accident. It doesn’t matter where the accident occurred, including at a school, someone must be held liable. School boards, teachers, administrators, as well as other members are all held responsible should an accident occur. When someone in that school is negligent, children get hurt. It’s important that when an accident does occur at school, you are able to provide some type of proof of that neglect that caused the accident. You must show evidence of the following:
• The student suffered some type of damage
• There is a responsibility of care that was owed to the student who was injured
• There was a breach of care
• The lack of care has caused the injury from the student
If you can provide proof of these four things, then you have a case that should go to a personal injury lawyer who will then find out who is responsible and act on it. It’s been acknowledged that a teacher has the responsibility for the children he/she is in charge of. There are three factors that help to determine the children’s role in an injury:
• The age of the students the teacher is supervising
• The number of students the teacher is watching at the time of the accident
• The type of activity the children were involved in when the accident occurred
Types of foreseeable risks at schools
At any school, there are a number of risks which need to be considered. These include:
• Lack of supervision
• Failing to maintain the school grounds to be safe
• School bus accidents
• Playground equipment
Vicarious liability expands responsible parties
There is a legal principle of liability that falls like a blanket over employers to protect them from neglect to some extent. There is a limitation that will need to be carefully reviewed with each situation.
If your child receives an injury while at school, you need a personal injury lawyer in Burlington that will use their experience and their knowledge of the law to help determine what works best to get the compensation your need and your child’s. While it takes some time, you can get the justice you need and deserve. When your child went to school that day, he or she didn’t plan on becoming hurt in a place that a child should always feel safe in order to promote a positive learning environment.
It happens though, especially when there are so many children there at one time. That’s when it’s even more important that teachers stay on top of their game, even if it does seem overwhelming from time to time. It’s that moment of weakness or the moment when they feel stressed to the max that an accident can occur.