Who’s Liable When A Child Gets Injured At School? A Lawyer’s Perspective

Understanding Fault And Responsibility When Accidents Happen On Campus

When parents send their children to school, they trust the school to keep them safe. But accidents happen, and when a child gets injured, the first question many parents ask is: who’s responsible?

We’d like to thank our friends at Hayhurst Law PLLC for the following discussion from a lawyer’s perspective on who may be liable when a child gets injured at school.

The answer depends on the details of the incident, but there are several legal concepts that come into play when determining whether the school, staff, or another party may be liable for a child’s injury.

Duty Of Care In A School Setting

Schools have a legal obligation to provide a safe environment for students. This is called a “duty of care.” Teachers, administrators, coaches, and other school employees are expected to supervise students properly, maintain safe facilities, and respond appropriately to emergencies.

When that duty is breached — for example, if a staff member fails to monitor a playground or ignores a known hazard — the school could be found negligent.

Common Scenarios Where Liability May Arise

Some of the most common injury situations in schools include:

• Playground accidents due to poor supervision or unsafe equipment
• Slip and falls on wet or damaged floors
• Sports injuries caused by lack of proper training or safety gear
• Bullying or assaults where school officials failed to intervene
• Bus accidents involving district-owned or contracted transportation
• Injuries during school-sponsored field trips or events

Each of these situations must be evaluated on a case-by-case basis to determine whether the school acted unreasonably or failed to meet its responsibilities.

Determining If The Injury Was Preventable

The core legal question is whether the injury was foreseeable and preventable. If a school knew — or should have known — about danger and didn’t take steps to prevent harm, it may be legally responsible.

For instance, if a student repeatedly reports bullying and the school fails to act, it could be liable if the bullying leads to injury. Or if playground equipment is broken and unrepaired, the school may be responsible for any resulting accidents.

Government Immunity And Notice Requirements

Public schools are often protected by governmental immunity, which limits the ability to sue them. However, many states allow claims under specific circumstances, especially when gross negligence is involved.

Parents may also be required to file a “notice of claim” within a short timeframe — sometimes as little as 30 to 90 days after the injury. Missing that deadline can mean losing the right to sue, so it’s important to consult with a workplace injury lawyer quickly.

Protect Your Family

School injuries can be complicated, both emotionally and legally. Whether the school is liable depends on many factors, including how the injury happened, whether staff were negligent, and what steps were taken to prevent harm. An experienced personal injury lawyer can help families understand their rights and explore options for holding the right parties accountable.