Archive for June 17th, 2015

Getting Injured At School

Injuries on school grounds are fairly common. One study cited by the Centers for Disease Control and Prevention (CDC) found that 80% of elementary school children visit the nurse because of injuries at school. Some accidents are unavoidable, but some injuries on school grounds are due to unsafe physical conditions or the actions of other students or staff. Some accidents can cause critical conditions in the future, so it is better to read some at www.NeuropathyReliefGuide.com for prevention on damage especially on nerves. You can also check out Motorcycle Accident Lawyers Philadelphia for more info about this topic. Read on to learn about the issues of legal liability.

Injuries Caused by Dangerous Physical Conditions
Schools have the responsibility to maintain a safe environment for students. School officials act in loco parentis, which is just a fancy way of saying “in the place of parents,” when children are in their care at school. They have the responsibility to prevent foreseeable dangers from harming students. Dangerous conditions on school premises may include hazards like unsafe playground equipment, frayed electrical wires in classrooms, slippery floors caused by leaking roofs, unsanitary cafeteria conditions, and mold or other toxic materials.

Injuries Caused by Others
Schools must take reasonable steps to keep students from harming one another. At the minimum, this responsibility includes hiring enough staff to supervise the students on the premises. Teachers, recess monitors, hall monitors, bus drivers, and crossing guards serve the purpose of ensuring student safety.

Additionally, schools must use care when hiring teachers, coaches, and other staff. They have a duty not to expose students to dangerous adults. For example, a school could be liable for the sexual abuse of a student if the school knew that the offending school official had a history of molesting children but continued to employ the official.

If you are hurt or injured in an accident due to someone else’s negligence, you should seek the experience and help of a qualified New Jersey personal injury lawyer.

The Meaning of Premises Liability
A school’s responsibility for injuries occurring on its grounds is a type of “premises liability.” In premises liability, the person in control of the property is accountable for certain injuries that happen on the property, but an attorney like thisaccident attorney in Indianapolis will be able to give you more details. Premises liability cases involve three basic elements:

First, the person being sued must be in control of the property where the injury occurred. In school liability cases, the school district has authority over the school grounds.

Second, the person who was hurt must be the type of person that the landowner or possessor expected to be on the property. Schools obviously expect students to be on school property during school hours, so this is never an issue with injuries to students.

Third, the person in charge of the premises must have been negligent. Usually this means that the defendant knew or should have known of a danger but failed to take reasonable steps to protect the people on the premises. In the case of an injury on school grounds, the school may have failed to properly supervise the students or failed to maintain a safe environment for them. If you want further information click here.

The Importance of Foreseeability
Often cases involving injuries on school grounds turn on whether the injury was foreseeable. Negligence on the part of the school is most apparent in cases where the school knew of a specific danger but failed to take any precautionary measures. For example, a school that knew its monkey bars were structurally unsound but failed to do anything about it could be liable if a child broke an arm while playing on the bars during recess.

Similarly, a school that knew of a notorious bully could be liable if teachers and staff failed to supervise that aggressive student and he beat another student in the cafeteria. Even if a school is unaware of a specific bully, it could be liable for an injured child hurt by a fight on the playground if the school provided no supervision for the children there. The school has a duty to protect its students from foreseeable harm on its premises.

Uncategorized on June 17th, 2015