Accidents can happen anywhere, even at school. What happens if your child is injured when they’re on campus?
Over 17,500 children visited the emergency room as a result of in-school injuries between 2011 and 2020. From sports injuries to traffic collisions, there are dozens of ways a child can get hurt at school.
If your child has been injured on campus, there may be legal recourse available. The Law Offices of Tim Misny will review your claim and help you hold the appropriate parties responsible.
Common school injuries and causes
Elementary school students are the most likely to get into an accident at school, with high schoolers and middle schoolers making up the next biggest demographic. Preschoolers are the least likely to get into an accident requiring medical attention.
The most common injuries include bone fractures, bruises, cuts and scrapes, sprains and internal injuries. These make up 75 percent of all school injuries, and are most likely to be sustained on the head or arms.
Sports and playground injuries are usually the most common. Issues with stairs, flooring, doors and furniture and physical education also occur regularly.
Who can be held responsible?
The question of liability is usually subject to state law. Ohio Revised Code Section 2744.02 provides that “political subdivisions” (including public schools and school districts) cannot be held liable for negligence. There are some exceptions, such as physical defects on the property. If your child is in a public school, it’s important to consult with a lawyer to review your options. Section 2744.02 does not necessarily bar recovery, but it will depend on specific statutes and circumstances.
Parents can, however, sue private schools for their negligence. If a third party is liable, such as manufacturers of defective sports, playground or science equipment, you may be able to file suit against the third party. Similarly, third-party drivers (such as other parents) who injure children in traffic collisions can be held liable for their negligence.
When holding a third party liable, they may be liable in whole or in part. Depending on the circumstances of your case, the school, school district and one or more third parties could be at fault for your child’s injuries. It’s crucial that you call an experienced personal injury lawyer. The Law Offices of Tim Misny can discuss your case, explain your options and aggressively advocate for your family.
Get legal assistance for your Ohio personal injury claim
Was your child injured as a result of someone else’s negligence or recklessness?
Whomever is responsible, I’ll Make Them Pay!® Get in touch with me at (877) 944-4373 so that I can evaluate your case as soon as possible.