Compassionate Long Beach Child Injury Attorney Helping Families

What Can I Do If My Child Was Injured at School?

Parents expect that when they send their child off to school for the day, their child will remain safe throughout the day. But schools are filled with playground equipment, slippery floors at times, stairs, and other elements that can hurt them. So what happens if a child is injured while they're at school? What action can the parent take?

Taking the child to a doctor and getting proper medical treatment is the first step after a child has been injured at school. Make sure that you keep copies of all medical bills and reports so that they can be included in any legal claims you plan to make. This documentation will give you and a qualified attorney an idea of how much should be sought for compensation, including the actual medical costs and any costs related to pain and suffering. Then you need to be appointed as guardian ad litemto, if you want to sue the school on behalf of the child.

In California, public schools have sovereign entity, which means that they can be found immune from liability if a child or another person is injured on their property. There are certain exemptions to this type of immunity, including if the person was driving a vehicle while the child was injured, or if they didn't take due care in ensuring that the school and its grounds were maintained in a safe manner. Also, if the school knew of a particular danger but did not post warning signs or tell people about the danger, they may not be able to use this immunity as a defense.

But this doesn't mean that parents are left helpless when their child is injured at school. A premises liability claim (a claim that states that an individual was injured on a person's or company's property) can still be filed if parents can prove three things:

However, even if parents can prove these three things, they still may not be able to file a premises liability claim against the school. This is because, if the injury occurred as a result of some reasonable foreseeable risk, the school can use that as a defense.

For instance, imagine that a child is playing on a playground at recess. They fall off the playground equipment, hit their head, and get a concussion. If the surface of the playground was not covered with a shock-absorbing material, the school can be held liable because they did not provide a safe environment and therefore, did not exert a proper duty of care. However, if the surface did have a shock-absorbing material as a cover, there is some foreseeable risk that a child could fall and get hurt due to the nature of playgrounds.

When children get hurt while at school, it can be very difficult to hold the school responsible and seek compensation from them. But that doesn't mean that parents can't do anything. This is definitely something that no one wants to try and go alone, so it's extremely important that you hire an experienced Long Beach personal injury attorney. Here at The Law Firm of Joseph H. Low IV we have dealt in many child injury cases. We know how complicated it can be, and we know what the law states about school premises liability. Contact us today at (888)454-5569 so we can review your case and determine if you are eligible to receive compensation from the school or the school board. Try to do it on your own and the case will likely get thrown out of court. But let us do it for you, and you're likely to see results!

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Long Beach School Accident Attorney Disclaimer: The information presented on this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Any results portrayed here were dependent on the facts of a particular legal matter and results vary from case to case. Please contact Joseph H. Low IV for a consultation on your particular case. This firm is licensed to practice law only in the State of California, but is affiliated with licensed attorneys in other states.

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