Children attending a private or public school are under the direct care and supervision of any adults there. Teachers, custodians, yard attendants, and every employee right up to the principal have the responsibility of ensuring children at their school are safe and sound at all times. While a little scrape on the knee might be a common part of the playground – children enjoy roughhousing, after all – serious child injuries are completely unacceptable.
Curiosity is Not Liability
Everyone knows that a child’s curiosity can send them into some dangerous situations. Ask any parent how many times they have had to stop their young child from doing something that clearly would have hurt them because the kid didn’t know any better. This natural inclination to explore the world and, in many ways, break the rules should not be seen as liability for any resulting accidents. In other words, a child should not be held solely accountable for their own mistakes while on a playground or attending school.
Are the Teachers Liable for Schoolyard Injuries?
If a child shouldn’t be liable for their own injuries, who is? Most situations involve holding a teacher liable for failing to supervise the children in their class. While this makes sense in many regards, it may also mean you would be suing a teacher for your damages; if you do win the claim, the compensation you can secure will be limited by their own income and insurance.
It may be better to see if the negligence or lack of supervision is systemic. Talk to a personal injury attorney about investigating your case and you may find that it would be better to bring the lawsuit against the school district, rather than your child’s teacher. Not only will this likely increase the maximum compensation you could receive, but it can also help correct dangerous situations at your child’s school and others within the district.
To find legal help after your child suffered an injury at school in Massachusetts, call 508.443.4864 to reach the Law Office of Robert W. Kovacs, Jr. Our Worcester personal injury attorney can provide you with the compassionate and professional counsel you need to get through this difficult time. Schedule a free case evaluation to learn how much your case might be worth.