Most parents would do anything to protect their children. Ensuring that children receive the proper care and attention while they are at school should be a priority. Learning that your child has been injured at school as a result of inattention or other negligence is something no parent should experience.

Many court rulings have upheld the duty of schools to protect children. Clearly, parents have the right to expect that school administrators will do what is reasonable to care for their children while at school and those attending a school function. So, if a child is injured at school, like other negligence cases, the family must be able to prove that the defendant acted carelessly to be awarded damages.

It is important to keep in mind that kids can play hard at school and may receive minor injuries – especially on the playground. No school can reasonably prevent all playground accidents from happening. However, they must provide adequate supervision in the area where the incident occurred.

So, a school may be less likely to be found liable for a playground incident as they would be in a classroom setting. Of course, the specific facts of each claim must be considered. In the classroom, teachers should be able to appropriately supervise their students and should not leave their younger students unsupervised.

When it comes to injury resulting from a child’s participation in an activity with inherent risk; or, those resulting from sports or inappropriate use of school equipment, the claims may not be found justified. Parents and students should recognize and understand that some risks are unavoidable.

Source: TGB