When a child is injured at school or at a school-related event, there are several factors to consider when deciding whether to file a lawsuit.
At The Ansara Law Firm, our Fort Lauderdale school injury lawyers understand that school districts are government agencies, and special rules apply where litigation is concerned. For example, there is a principle known as “sovereign immunity” that may preclude certain types of lawsuits. Beyond that, injury claims against government agencies tend to require extra steps and have shorter deadlines.
This is not to say parents and guardians should avoid legal action in the event of school injuries. On the contrary, it is often the only way to ensure you and your child are justly compensated for the negligent actions of the district or employees that caused the injury. But these cases require an attorney who has proven experience in handling such cases.
When your child suffers an injury at school, you deserve answers and accountability. The school injury attorneys in our Fort Lauderdale office have access to experts in the fields of medicine, insurance, investigation, law and more. These individuals not only delve into the details of the case to provide a more intimate understanding of what happened and who is responsible, they are available to testify in depositions and, if necessary, at trial in order to prove your case.
Playground InjuriesOne of the most common sites of injuries to children at school is playgrounds. The Centers for Disease Control and Prevention (CDC) report that every year, some 200,000 children under the age of 14 are treated in emergency rooms for playground injuries.
Of those injuries:
Children between the ages of 5 and 9 tend to have the highest rates of playground injuries, and girls slightly more so than boys. Playgrounds with climbing equipment are generally the most dangerous.
Schools have a responsibility to maintain playground equipment so that it is safe for child use. Schools are also responsible to make sure children are adequately supervised while they are playing, and that the equipment is age-appropriate for the children using it. Any failure in these areas is a breach of the duty of care owed by schools to the children in their care, and may be grounds for a liability lawsuit.
Violence at SchoolSchool violence, per the CDC, is violence inflicted upon a youth that occurs:
Perpetrators of this violence can be either students/ other youth or adults. In some cases, such as bullying, the primary harm is emotional. However in other cases, particularly those that involve weapons or gang violence, the result can be serious injury and death.
Every year, approximately 750,000 children nationwide suffer a non-fatal but violent victimization at school. That figure only accounts for children between the ages of 12 and 18. A recent, nationally-representative survey of high school students indicated:
Although school districts cannot prevent every instance of bullying or violence, they do have a responsibility to address it and protect students when there is a reported threat. Schools that lack adequate security or fail to take action to stop a known threat may be liable for any resulting injuries.
Other School-Related HazardsIn addition to school injuries that occur on playgrounds and as a result of violence, there are also school bus injuries and sports injuries. Our Fort Lauderdale school injury attorneys discuss each of these very real concerns on this site.
Some other school sites where injuries have been known to occur:
These injuries may include lacerations, burns, fractures, bruising, concussions and severe internal injuries.
Because of the potential challenges plaintiffs face in pursuing legal action against a school for child injuries, it’s imperative to discuss strategy as soon as possible with an experienced school injury lawyer in Fort Lauderdale.
For information on legal action following a child injury in Fort Lauderdale, contact The Ansara Law Firm, by calling (954) 761-4011 or (954) 761-3641.