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Children Injured at School

Many studies report that over three million children are injured on school property in the United States every year. When a child is injured at school, identifying who is at fault may be a difficult task. In fact, several people could be partially responsible for an injury to a child. For example, if a child is intentionally injured by another student, the parents, school, or supervising staff may be liable.

Can a School Be Sued?

Schools have a duty of care to keep children safe. These areas of responsibility include:

  • Supervision

  • Hazard-free grounds and environment

  • Shelter

  • Food

  • Transportation

When a child is injured due to negligence in any of the above areas, parents may have a right to legal recourse. However, without a strong evidence-based case for severe neglect, filing a lawsuit against a school in New Jersey can feel like an uphill battle.

A public school is considered a government entity and most government entities have immunity from lawsuits. Many schools also have insurance policies that cover various injuries to children. However, it is not entirely impossible to sue a school district but neglect of duty must be proven as the direct cause of the injuries. Additionally, there are strict filing deadlines and rules regarding how a school lawsuit should be filed.

Whether considering an insurance settlement or opting for a lawsuit, families with a child injured or harassed at school should immediately contact a New Brunswick personal injury lawyer.

Intentional Acts of Harm

Schools must take reasonable steps to keep students from harming each other, and during the last several years, more districts have adopted zero-tolerance policies regarding bullying. However, bullying still occurs and when our own children are physically or emotionally injured by another student, it is important to know what recourse is available.

Whether a child experiences a one-time act of violence or several episodes of taunting, parents can reduce the risk of further incidents by following the steps below:

  • Document the incident: Write down the time, place, and details, and take pictures of any injuries.

  • Set up a meeting with teachers and the principal: Communicate concerns to the school staff and explain that you expect a swift resolution.

  • Write a follow-up letter to the superintendent: Include details of the incident along with a summary of the above meeting.

  • File a complaint with the police: Consider if the school is not following up or if your child is in immediate danger.

New Brunswick Personal Injury Lawyers at the Law Offices of Harold J. Gerr Protect the Rights of Children Harmed at School

If your child has been injured in a school accident or was a victim of intentional violence on school property, contact the New Brunswick personal injury lawyers at the Law Offices of Harold J. Gerr. Our skilled attorneys understand the community concern that often follows school injuries and will investigate the details surrounding your case. To learn more about what compensation you may be entitled to, call us today at 732-537-8570 or contact us online today. We serve residents throughout New Jersey at our Highland Park office.

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"Mr. Gerr helped me a great deal following a head injury I incurred. He was knowledgeable, competent, kind and reassuring. I highly recommend him."
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