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Can I Sue if My Child is Injured at School?

As parents, we expect our children to be safe and protected from harm while they're at school. When your child gets injured at school, you may feel let down by the staff, angry, and hurt. But is the school liable for your child's injuries?

When your children are at school, the school is required to provide a safe, supervised environment for the children. The school has a duty to keep the conditions at the school safe and take action if unsafe conditions arise. This could include preventing bullying, having an evacuation plan in place in case of emergencies, properly screening campus visitors, administering proper medication to students, monitoring traffic and conditions around the school property, and supervising students.

Parents also have a responsibility to inform school officials of health issues and medication requirements, and to make sure their child understands and complies with school rules.

Generally, any school activity that requires a permission slip will absolve the school of liability should something happen to your child. This usually includes off-campus activities and special events, such as dances, sports, and field trips.

When a child is injured at school due to no fault of their own, parents can choose to sue the school or an individual school official. Suing a public school, school board or district usually involves filing a claim with the Department of Education. After the claim is filed, the incident will be investigated and dealt with through a monetary award or injunction requiring action on the part of the school, if warranted.

At Bouchillon, Crossan & Colburn, L.C., our attorneys have more than 35 years dedicated to giving clients the attention, advice, support and empowerment they need to effectively meet their goals. We are committed to the principle that all persons shall have equal justice under the law. If you or a loved one has been injured and is seeking a qualified personal injury attorney, contact our Huntington, West Virginia office to speak with an attorney about your case, or call 304-523-8451.

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