Can a School Be Sued for Injuries to Students?
As your kids grow up, they tend to get aggressive with all types of energetic fun. From challenging each other to a race across the monkey bars to trying to get each other out in a game of dodgeball, there are many instances where your child will be put at risk. However, you may be wondering if the school district will be responsible if your child does get injured while at school.
If your child does get injured at school or while participating in a school activity, the legal fault can be difficult to prove. In cases where a school official or employee is directly responsible for your child’s injury, the fault tends to be easier to prove in a court of law for a child injury lawyer Los Angeles. Some examples of cases that can be difficult to prove guilt include another student throwing a rock at your child or a physical fight between students.
You may at first think that the other student is going to be held liable for your child’s injuries. This may be the case, however, it’s not always as simple as that. Sometimes there is neglect on the part of the school district that can allow them to be held liable for the injuries that your child sustained. For example, if the student in question has an aggressive history, neglect on the part of the district would be not having the student properly supervised while at school. Asking any Los Angeles child injury attorney about your specific situation can help you to determine whether or not the district can be held liable.
It’s no secret that school districts are classified as political subdivisions. These subdivisions are given sovereign immunity by the government alleviating them of lawsuits from the public. The only circumstance that will allow a lawsuit to be brought against one of these school district political subdivisions is negligence on the part of the district itself. Any child injury attorney Los Angeles can help you to determine if negligence was part of why your child was injured at school or at a school activity.
When filing a lawsuit against a school district, your Los Angeles personal injury lawyer must follow specific court procedures. Any failure to properly follow the procedures will cause the lawsuit to be thrown out with no possibility of refiling later on. Ensure that you pick an experienced lawyer from the very start.