Sending your children to school every day comes with an expected level of care. If your children have allergies, it is essential the school and the children’s teachers adhere to them. Similarly, you expect the staff to monitor their physical health. Bumps and bruises happen, but anything more serious should be cause for concern.
When your child is injured at school, who is liable? Their injury should be treated as seriously as it would be if it happened off school grounds, and they may even be owed damages. To navigate the specifics and properly determine who is at fault, reach out to a personal injury lawyer as soon as possible.
Who Are the Possible Liable Parties if Your Child Is Injured at School in Utah?
Getting into a serious accident at school can be overwhelming for a child, especially when they are young. Determining liability can be difficult, depending on the circumstances and the child’s recollection of what occurred. It also matters whether or not the school is private. Regarding who is responsible for your child’s injury and who you file the claim with, you must consider the following:
If your child attends a private school, you may directly file a claim against the school. They owed your child a duty of care and failed to adhere to that standard. This claim will follow regular Utah personal injury liability laws.
It is important to note that, depending on the injury, the school may attempt to fight back or come up with a small settlement of its own. Before the school year begins, many private schools have you sign a waiver recognizing the inherent risk presented when you drop your child off at school. A personal injury lawyer can look over that waiver and direct you in the best possible legal direction.
If your child is injured while attending a public school, it will be treated as a government case. You may still file a claim, but you likely have to file a notice of claim with the school district within 60 to 90 days of the incident. You will have to prove the child’s injury is a direct result of negligent behavior, such as forgetting to give them their required medicine, allowing them to eat food they are allergic to, or slipping and falling because of a wet floor. Lack of supervision that leads to a child getting injured is also considered negligence on behalf of the school as well.
The school district will review the case and decide on how to best proceed. They may try to settle the case then and there. If they do not settle, you can file a claim against the public entity.
Was Your Child Injured at School? Consult a Professional Utah Personal Injury Lawyer Today
If you are unsure whether or not you have the right to file a claim after your child has been injured at school, call the team at Feller & Wendt. We have devoted years to helping our community in Utah get the compensation and justice they deserve, and we want to do the same for you. The school system can seem overwhelming, and it may feel easier to settle with the district, but they likely will not provide the settlement your child deserves. Compensation is not only a way to cover any piling debt from medical bills, but a way to move on.