Kids are usually very active and energetic, and this tendency does not change just because they’re in school, particularly during physical education programs and playtime. While playing, kids kick balls, dodge the, chase each other, or even challenge one another to contest on monkey bars. As they grow older, their sporting activities are likely to get more organized. They opt to join soccer, baseball, basketball, and other school-sponsored sports.
Unfortunately, these sporting activities are associated with some level of risk of injuries. So, who should be held liable for kids slipping and falling at school? Is it possible to seek compensation?
The learning institution has the duty to protect your kids
To protect children while in school, the law places upon the learning institution’s teachers and administrators a legal duty of keeping kids safe. That means the administration must do everything possible to protect learners from all forms of foreseeable harm. Therefore, it is the responsibility of the school to provide an absolutely safe environment for learners.
The relevant authorities must inspect the facility, handle all necessary repairs in time, and eliminate dangerous conditions. Children should get proper supervision while they’re on school-provided vehicles, school grounds, and while off the institution’s grounds during extracurricular activities sponsored by the school.
So, who is liable for slip and fall accidents in school?
If your kid was injured while participating in school-related activities, it’s difficult to determine who should be held liable for the accident. Though the school employee or administration may not have caused the accident directly, an experienced lawyer can help you take the right action and seek compensation when necessary.
For instance, probably another child threw an object at your kid while playing, or he slipped and fall while playing with the other students. Most people will assume that the student who threw the rock or pushed the child who fell is directly liable for the accident. What if the institution’s playgrounds we not inspected and maintained well and cleared of potentially dangerous conditions? Or maybe the offending student had a tendency of aggressive behavior towards other kids, and the school employee didn’t supervise the students as expected.
Just like all other federal and different branches and agencies at the county, state or municipal level of government, schools are special entities called political divisions and enjoy sovereign immunity. Political subdivisions tend to be immune from lawsuits unless under specific situations.
Fortunately, most states have waived this immunity, and that means the institution can be sued by victims of accidents associated with negligence on the part of the school administration. But the plaintiff must follow a specific procedure before you file such a case in court. Failure to adhere to those rules will cause an immediate dismissal of your claim.
If you believe that the school is to blame for a slip and fall accident or any other incident that causes injuries to your child, consult with an attorney for legal guidance.