When a child is at school, he or she can undergo situations other than being in the classroom. Walking to and taking the bus, lunchtime, indoor and outdoor recreation, field trips and recess all present a risk of injury. In this article, you will learn about the dangers your children face at school, and you will also learn when it is appropriate to call a personal injury attorney Milwaukee WI.
School-Related Injury Risk
Even though your children are outside during recess, there is still a reasonable expectation that they will have adult supervision while on the playground. Various studies show that supervision levels are largely inadequate, with statistics such as:
1. Almost 40% of recess injuries can be attributed to lack of supervision
2. Children 5-9 suffer over 50% of all outdoor recreation-related injuries
3. School playgrounds are often unsupervised
4. Almost 40% of all injuries happen during May, June & September
5. The Theory of Negligence
Recent incidents in New York pointed out various liability issues faced by schools. In most cases, schools are bound by law to provide adequate supervision, and can be held liable for certain injuries that are related to inadequate supervisory levels. Schools cannot provide 100% assurance of safety, but are required to take certain steps to prevent foreseeable injuries.
Discretion and Immunity
Not every injury sustained at school results in liability. For example, a Georgia teacher was found not liable for injuries to one of her students. During a science experiment, a bottle was propelled into the air, and a pin hit one of the students, blinding him. The student did not wear safety goggles, and Georgia’s court ruled that the teacher was protected by her ‘official immunity’, and that her ‘judgment call’ stood.
Bullying-Related Injuries
With the prevalence of social media, schoolyard bullying is becoming a greater area of concern. Schools across the country are addressing the issue, changing reporting requirements, providing an anti-bullying curriculum to all grades, and attempting to stop cyber-bullying. However, if a student is injured due to bullying (that a teacher failed to stop), the school can be held liable. If your child has suffered an injury at school due to bullying or lack of supervision, call a Personal Injury Attorney today.
