We all know that accidents happen every day, it is an unfortunate occurrence.
But what can a parent do if their child is injured at school? Is it possible to file a lawsuit against the school for an accident that happens on school property? When to reconsider filing a personal injury claim If your child is injured at school the possibility of you being able to file a personal injury claim against the school would depend on your child got hurt.
For example if your child got hurt through horseplay they may share in the blame for their own injuries.
Certainly we expect that our schools would monitor our children and prevent them from harming each other but it unrealistic to think that the school would be proactive enough to prevent all accidents from occurring.
Besides if your child took part in the actions that caused his or her injury you would have a hard time proving negligence.
If your child suffers a slip and fall injury at school and there was nothing in their path that caused the fall then it would be difficult to prove any type of negligence against the school.
In order to file a successful civil lawsuit for a slip and fall accident, you must prove that the walkway was not properly maintained and was left in a dangerous condition.
When to pursue legal action There may be cause for suing your child's school is in cases of extreme negligence involving defective equipment either on the playground, in the classroom or anywhere in school property.
Any accident that happens on school property that is not your child's fault can be cause for a lawsuit, especially if your child is severely injured.
If you find yourself in this situation it is a good idea to contact a personal injury attorney to find out if you should pursue legal action against the school.
You should also contact the school nurse, who is usually responsible for documenting any care that was administered as well as documenting a detailed description of the incident.
This information is very important and your personal injury attorney will need it in order to evaluate the validity of your case.