Fort Lauderdale School Accident Lawyer
Children spend more than half of every year in school, so getting injured at school is not a surprise. Virtually every parent at one time or another has received a phone call from the principal’s office informing them their child was hurt. But some injuries are more serious than a scrape on the knee. Concerned parents often wonder whether they can hold the school liable for significant injuries, including head injuries or fractures. The answer is complicated. By calling Spencer Morgan Law, you can protect your child’s future and demand accountability from a school district. Contact a Fort Lauderdale school accident lawyer today to discuss what happened and whether the school has liability.
When is a School Liable for an Accident?
Children are injured in all types of accidents on school property:
- Slip and falls. Defects on the school grounds could cause a child to fall, injuring themselves.
- Playground accidents. Children can fall off playground equipment and strike their head or break a bone.
- Sporting accidents. Children are injured while practicing sports or playing in games due to outdated equipment, defective playing fields, and rough play.
- Food poisoning. The school could serve undercooked food, leading to food-borne illnesses.
- Falling ceiling tiles. Some schools are old and in need of repair. A tile could land on your child.
Schools owe their students a duty of care. They also owe the public a duty of care whenever the public comes onto the property, such as for graduation ceremonies or for games.
The school might fail to maintain the premises or otherwise neglect to fix known defects. A school should also perform regular inspection of the property and any equipment students use.
One question which arises is whether a school is liable for failing to supervise students. Some accidents are really situations where one child attacks or pushes another, or a child wanders away from the premises and gets hurt off the property. Is the school responsible in these cases?
The answer is “possibly.” We will need to analyze whether a reasonable person would have foreseen the possibility of risk and acted differently.
The personal injury claims process differs depending on whether a school is public or private.
A private school is no different than any other business. You can sue them directly if the school is responsible for the injury. Your lawyer might try to negotiate a settlement, but you can always head to court if you want to.
A public school is different. As part of the government, school districts enjoy a measure of immunity from lawsuits. The state has waived this immunity in limited situations.
Call an experienced school accident lawyer. Parents need to meet certain requirements to sue a public school, such as filing a pre-suit notice. Failure to follow the correct procedures can result in a claim being dismissed, and parents must file this notice as soon as 60 or 90 days from the accident.
Protecting What Matters Most
Our Fort Lauderdale school accident lawyer can help concerned parents with a legal claim. Call to schedule your no-obligation consultation.