School injuries are extremely common, with the majority of children ending up in the nurse’s office at some point due to some kind of injury. In law, school employees are considered “in loco parentis”, which means “in place of a parent”. In some states, schools are immune to certain lawsuits, but in Washington, we place a higher burden on the safety at a school because the state legally compels your child to attend and thus has a duty to act as their parents would. In a premise liability case against a school, we must provide that the district had control of the place of injury and that they acted negligently. Some factors we consider depending on the case include:
School Injury caused by another child:
Was there a higher duty of care because the child was interacting with a dangerous object, such as a bat?
Was there a higher duty of care because a child had special needs and the school district was aware?
Was there knowledge of a troublesome student and were proper precautions made for student safety?
Other school injuries:
Was there a dangerous event?
Was there a dangerous condition?
Was the place of injury a place that the school district should have expected visitors or children to be? If not, was the location an attractive nuisance and were proper steps taken to keep children away from an unsafe area?
Did the employee know or should they have known of the danger or that their action would have led to a danger?
Was there equipment that was faulty or designed in a way that was dangerous that caused a playground or other injury?
Could the injury have been reasonably prevented without excessive cost?
Was there a structural defect or maintenance that was ignored?
Call Today To Talk To An Attorney
In most circumstances, schools are not expected to be injury-free so much as they are expected to exercise reasonable care. Contact our local personal injury attorneys in Tacoma at 253-267-8284. We have experience in investigation and evaluating school injuries. Consultations are free.