Sending your child to school can open leave you feeling helpless, especially if you hear stories from other parents sharing incidents of their children being injured while inside the school premises. If your growing fear happened one day when an urgent call from school reporting your child has a bad fall while doing some sports activity and was brought to the nearest hospital. So, on this kind of situation who can be held liable for your child’s injury? Is the school district answerable if it’s within Pennsylvania? Let’s hear it from a lawyer in Philly regarding case of personal injury arising in a public school Pennsylvania.
How To Know If You Can File A Personal Injury Case For Your Child’s School Injury
Children are very sensitive by their nature, and even adults are not prone to hurts, let alone kids. There can be circumstances when a school-goer suffers personal injuries on one or other mishap. Since parents cannot accompany their tiny toddlers to such educational institutions, the school authorities become responsible for each child’s protection.
Clean classrooms, safe drinking water, hygienic washrooms, sanitized equipment, safe electrical connections, cordial student-teacher relationship, etc. are some of the key aspects that all school authorities must keep in mind to safeguard all children. However, there is no denying that we keep hearing about kids getting injured or sick due to adverse situations in schools. If anything ever goes wrong, you must consult our professional Philadelphia personal injury lawyer for quick legal action.
Sometimes, it becomes difficult to ascertain whether you can file a case for your child’s school injury or not in a given situation. Here are some details that may help you in such cases.
Type Of Injury
The first automatic point of consideration for any parent becomes the kind of injury inflicted on their child. Bruises or wounds while playing a sport are very common among children at school. Injuries, cuts, fractures, etc. on any part of the body due to slips and falls are other highly reported cases. Contact our well-versed attorneys at Philadelphia Injury Lawyers, P.C. for other cases of unsafe drinking water, dangerous electrical wiring, wobbly stairs/ ramps, or other risky environmental aspects in the school premises.
Person In Charge
Another way to know if you can file a personal injury case against the school on behalf of your injured child is to trace the person on duty. During any sports activity, it is the designated teacher who has to ensure the safety of the kids. The driver of the school bus must not be negligent, rash, or drunk on duty. Our law firm has helped umpteen parents in making the wrongdoer legally liable for injuries caused to their child. Every worker, teacher, clerk, and other members should behave responsibly.
Type Of Institute
There can be two types of educational institutes- private and public. Private educational institutes, including schools, generally can be made immediately liable for any school injury. However, public or governmental schools may oppose or even prevent your legal action under the veil of special protection under the law. The need here will be to hire a qualified Philadelphia personal injury attorney like ours; we promise to come up with a legal remedy in your favor by any means. Our specialists are keen on exceptions and relatable provisions. Even if you are unable to ascertain whether you can file a personal injury lawsuit for your child’s school injury or not, do not worry about it; you can reach us anytime for a free consultation. We are one of the leading law firms engaged in personal injury lawsuits for a long time; thus, we hold the required experience and skills to turn things in your favor.
Can a School District be held liable?
Under the Political Subdivision Torts Claim Act Section 8541 of the Judicial Code, public school districts in Pennsylvania are immune from liability for damages caused to people and property. But, there are exceptions to this Torts Claim Act Section that will give any parent the chance to file a lawsuit against a Philadelphia School District or another public school if the child’s injury happened while under their care. Exceptions to government immunity may cover the following areas:
- Care, custody, or control of your child’s personal property
- Care, custody, or control of real property, mostly refer to the school grounds and property
- Vehicle liability
- Utility services facilities
- Streets and sidewalks on school property
- Care, custody and control of animals
As a parent, you will need to prove that your child’s injury completely meets any of these mentioned exceptions under the Torts Claim Act Section 8541.
What action should I undertake as a concerned parent?
As mentioned, for you to be able to file a compensation claim against a public school in Pennsylvania where your child has been injured, there has to be a common law basis. Among the common cause of action that any concerned parent can do in the event an incident at school led his or her child serious physical injury while under the care of a public school, negligence case can be filed. Other common accident claims are involved from injuries arising vehicle liability or control of real property like:
- The injury was due to a flaw or defect of the school premises such as loosened floor board in the gym tripping your child and leading to a head injury.
- Auto accidents involving school transports (school buses).
- Discrimination due to a student’s race, sex, age, disability and others.
- Excessive force
Who can help you with your child’s case?
If your child has been seriously injured at a Pennsylvania public school and you plan to file a lawsuit, the person in authority who can be of great assistance is an attorney in Philly. Learn more about your child’s case and if you have a chance of being compensated for all the medical bills, child care while recovering as well as other related damages. Contact now a Philadelphia lawyer and get free consultation. Rest assured everything discussed at your lawyer’s office will be held with utmost privacy.
