Sending a child to school should not entail concern about whether he/she will get injured. However, when accidents do happen that result in a child being injured, it is crucial to determine if the fault lies with the child or the school. In cases where the school holds responsibility, retaining the services of an experienced premises liability or personal injury attorney can help recoup some of the costs associated with recovering from any resulting injury.
One source notes the potential for some 300 lawsuits to be filed against the NCAA relating to concussion-like symptoms suffered by football players at colleges across the country. Although the source looks at liability at the college level, it nevertheless does bring up the general question of when a school can be liable for injuries suffered by its students.
Basis for Liability
In most cases, liability to the school will be based on either the legal theories of personal injury or premises liability. In both cases, an injured plaintiff, in order to be successful, will have to show that the school did not adhere to its responsibility to keep the student free of any dangerous conditions. In either case, if it can be shown that this dereliction of duty directly caused the injury to the student, the injured student may be able to hold the school liable....