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(314) 500-HURTPeople like to say “kids will be kids,” but when your child is hurt at school and it was because of a negligent or
unsafe act that was allowed to happen by the school, who is at fault? Can you sue the school district because of
their negligence, or are they safe because they claim your child was responsible for the accident? How do these
claims work?
In this FAQ, we’re going to look at accidents that happen at school, and how it is determined whether the school
acted negligently, or if they are safe from a lawsuit because of the actions of your child. If you have any
questions about this FAQ, or if you would like to speak to our personal injury lawyers in St. Louis now, call or
contact our team at 314-542-2222 or 618-272-2222.
The last thing anyone wants is for the child to be hurt. When you’re not with your child, you want them to be safe
and free from harm, but what do you do when they’re injured at school, and they say that the injuries not their
fault. What if they say an unsafe practice, place, or act caused their accident? Can you sue the school district? Is
that something that is possible?
These cases are complex and that’s because to an extent, schools do have a type of immunity. We have to admit that
kids don’t always make the best decisions. They like to horse around, impress their friends, and generally do unsafe
or crazy things. Kids often get hurt doing these things, and if the school district was held liable every time a
student injured themselves the school would most likely close due to legal fees. That’s why schools have a level of
protection against lawsuits.
However, what happens when your child didn’t cause the accident and the accident happened because of an unsafe area,
act, or practice? Do you have the right to sue the school then? If your child didn’t cause their accident, and the
accident happened because of the school grounds or staff, then you may be able to pursue a claim against the school.
Schools have a high bar to meet when providing safety for children, and they have to make sure that their staff and
premises are safe for kids to use an inhabit. When they fail in providing a safe environment, you can potentially
pursue the school in a lawsuit to recover the damages your child and family face, as well as force the school to
correct their unsafe practice or act.
Usually, many parents consider schools as a safe place for their children. This is not always the case, as students regularly suffer injuries while on school grounds for various reasons. While most school districts have policies to ensure their students’ safety, accidents can still happen.
However, all schools have a duty to exercise reasonable supervisory care for the safety of their students. As such, if students get injuries resulting from the school’s failure to supervise a child, the school may be held liable. This responsibility extends to both public and private schools.
School employees are bound by specific duty of care obligations. Under these guidelines, the school staff members are required to take necessary measures to protect the welfare of the students. These include:
If the school fails to meet these standards of care, they are considered negligent. When something happens that harms a student due to negligent supervision, a parent may file a lawsuit to recover the resulting damages.
When a student is injured in a school in Missouri, various individuals within the school system could share responsibility. These include the following:
Each of the school staff assumes specific duties regarding student safety according to their roles. If they fail to meet these responsibilities and it leads to a foreseeable injury, they may be liable.
Also, the school itself may be held liable for the actions of any employee under the legal theory of vicarious liability. This means that if a school employee acts negligently within the scope of their employment, the school could be responsible for the consequences of those actions.
However, it is important to note that you cannot sue a public school for simple negligence – it must be willful or intentional negligence. This legal standard ensures a higher threshold of proof when seeking to hold public schools accountable for injuries to students.
The first step is to file an administrative complaint with a government agency within the school district. This might involve the Missouri Department of Elementary and Secondary Education or a specific office within the school district dedicated to handling such complaints.
The administrative body will investigate the claims. Often, the goal is to resolve the issue without needing to go to court. However, if the administrative complaint does not lead to a satisfactory resolution, the next step is to file a lawsuit in court. You will need to send a letter to the school declaring your intent to sue.
Note that public schools in Missouri enjoy particular legal immunity under The Missouri Tort Claims Act. Therefore, this process requires demonstrating that the school knowingly failed to act appropriately in protecting your child, which is one reason why the assistance of a child injury attorney is imperative.
If you would rather speak directly with our team about your case, please don’t hesitate to call us at 314-542-2222 or 618-272-2222. We’ve taken on school
lawsuit claims before and we know how to make sure that you get 100% of the care and financial recovery you are
owed. Remember, your child didn’t ask to be injured and you shouldn’t have to beg to get the care they deserve. You
can get a recovery for your child’s injuries and the school can be held liable for their actions.
Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO
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