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.
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.