Texas School Accidents and Injuries Lawsuits – Was Your Child Injured at School?
Because children spend most of their day at school, there is always a risk of school accidents and injuries. Though most of these injuries are very minor and don’t require medical assistance, some school-related injuries can be very serious. If you are a parent of a child who was injured while at school, you should get in touch with the attorneys at Bandas Law Firm immediately. We will help you determine if the school is at fault and will pursue the case to get you the compensation that your family deserves.
Important Facts Regarding School Accidents and Injuries
- Unintentional School Injuries are Nine Times More Likely than Intentional Injuries
- Children Under 15 Years of Age Suffer 14 Million Unintentional Injuries Each Year
- About 7% of Students Suffer a Serious Injury at School
- Playgrounds, Physical Education, and Organized Sports are Where Most Injuries Occur
Filing Personal Injury Lawsuits Against a School
If you are a parent and your child was seriously injured at school, you may want to immediately file against the school. Before you decide to file, you should contact an attorney to decide if you have a case against the school. Our attorneys at Bandas Law Firm can help you review the situation and figure out your legal options. You should be aware that school liability cases are difficult to win. More than 60% of cases are decided conclusively in favor of the school, and less than 30% are decided conclusively in favor of the plaintiff.
Our attorneys will work with you to determine the strength of your case and will do everything we can to help you get compensation for your school accidents and injuries.
Winning a School Liability Case
If the injury was not caused intentionally by the school, you will have to prove that the injury was caused by the school’s negligence. In this type of case, you will specifically need to prove:
- The School had a Duty to Protect the Student
- The School did not Exercise a Reasonable Standard of Care
- This Negligence was a Factor in Causing the Injury
- The Student Suffered an Actual Injury
Duty to Protect Student
Typically, this is easy to prove in school accidents and injuries cases. Most courts have found that school staff has a duty to protect students from harm. This can even extend beyond the formal school day, as courts have held that schools still have this duty when students are entering or waiting to enter a school, when they are on a school bus, or when they are participating in afterschool activities. A teacher’s duty to protect a student generally includes:
- Adequate and Reasonable Supervision
- Close Supervision During Risky or Dangerous Activities
- Maintenance of Equipment and Facilities
Reasonable Standard of Care
In any negligence lawsuit, the plaintiff must establish what the reasonable standard of care was and show that the defendant’s actions did not meet this standard. In school liability cases, this often applies to the type of supervision that was given by teachers and whether similar teachers would have acted the same way in the situation.
Negligence Was a Factor in Causing the Injury
You must also prove that the negligence or improper supervision was a factor in causing school accidents and injuries. This is also called proximate cause. If the injury was unpreventable, even with better supervision, then the teacher and school are not liable.
The Student Suffered an Actual Injury
Finally, you must be able to prove that an actual injury was suffered. Injuries do not have to be only physical, but these are generally easier to prove. Proof of injury and medical care can help establish there was an actual injury.
These are all important principles to consider after your child has suffered school accidents and injuries. You should contact a lawyer immediately who can help you take a look at each of these questions and determine the likelihood of success of your case.