When you send your child to school, you expect them to learn in a safe environment. As an injury lawyer in Las Vegas will tell you, this is not always the case. Although bruises, scrapes, and bumps are not unusual when kids are at school, whether they fall on the playground or bump a door exiting a classroom, serious injuries may mean the school was negligent in some way.
In Loco Parentis
There is a Latin phrase used in the law that describes the level of care a school must follow for children. In loco parentis means “in place of parents.” In other words, schools must provide for a child’s safety in the same way that parents do. If something happens to your child because the school did not provide the level care they should have, you may be entitled to compensation, according to a Las Vegas personal injury lawyer. There are additional factors, however, that could impact what the school is required to do after an injury.
Public vs. Private School
If your child attends a public school, it is more than likely under the direction of the state or county where you live. If so, the school is probably covered under sovereign immunity, which means they are political subdivisions of the government and there are specific steps you must follow, in certain time limitations, to have medical expenses and other costs covered. If your child attends private school, you may be able to sue the school directly without filing a claim first, but you will need to speak to an injury lawyer in Las Vegas to learn what steps you should take.
When your child signed up to play sports at the school, you may have been required to sign a waiver acknowledging the risks of injury. If you signed a waiver, you will need to have a Las Vegas personal injury lawyer to see how strong the document is regarding your child’s injury. Even if the waiver is strong, the type of injury your child suffered and the way the injury was caused might invalidate the waiver. For example, if your child suffers a broken arm during a fight on the field between two other players, the waiver may not apply since the injury was not caused by playing the sport but by something else.
Types of Negligence at School
There are several instances where negligence can cause injury. If your child is assaulted physically by a bully and suffers an injury, the parents of the bully could be held liable for medical expenses and other costs. If a teacher is not paying attention and your child suffers an injury, you could receive compensation under negligent supervision. If your child develops a case of food poisoning from the school cafeteria or if they become ill because the school failed to give them medications they are supposed to receive, you may have a negligence case. You should reach out to a Las Vegas personal injury lawyer.
If your child has suffered an injury at school, contact the best injury lawyer in Las Vegas, the Schnitzer Law Firm. You can arrange for a no-obligation consultation by calling 702-960-4050 or emailing [email protected] You can also complete the secure, online query form to set up your appointment.