Schools are meant to be safe environments for your children. Whilst schools always aim to keep children safe, accidents sometimes happen. The most common scenarios for such accidents are playground injuries, sports-related injuries, or unsafe school facilities. In the event that your child suffers an accident at school, you may seek compensation, but that process has its unique rules and deadlines.
In this article, we will guide you on what options Idaho law provides for parents, and what you should know about school-related injury claims.
Common Types of School-Related Injuries
The first step is to be informed on what may potentially happen during an accident at school. The most common types of school-related injuries are:
- Playground falls or using defective equipment.
- Gym-class or sports accidents usually including negligent supervision.
- Slipping or falling due to poorly maintained hallways, sidewalks, or cafeterias.
- Bus accidents, or injuries during school-sponsored field trips.
- Assaults, both verbal and/or physical or sexual, or bullying incidents where school staff did not intervene appropriately.
Potentially Liable Parties
It is important to understand liability when making a claim post-accident.
A public school or school district may be held responsible if the school staff were negligent in supervision, maintenance, or hiring. Liability is similar for private school or daycare operators, but in this case, there is no protection by governmental immunity rules.
Additionally, third parties, such as bus companies, contractors, or equipment manufacturers may be held liable if defective products or outside vendors contributed to the injury.
Legal Standards and Key Concepts
Here’s some key information to remember when you are making a claim. It will help your case if you correctly establish:
- Negligence: You must show that school staff did not act with reasonable care, and that this failure caused your child’s injury.
- Duty of care: You must show that the schools did not provide reasonable supervision, or did not maintain the premises safe, which is within their duty of care.
- Foreseeability: You must prove that the risk of harm must have been reasonably predictable.
- Idaho’s comparative negligence rule: In the case that your child’s actions contributed to the accident, damages could be proportionally reduced to reflect their percentage of fault.
Special Rules for Public Schools and Governmental Entities
Claims against public entities, including public school districts, are governed by the Idaho Tort Claims Act. Before you file a lawsuit, you are required to file a Notice of Tort Claim with the school district or appropriate government body. Note that there are strict deadlines for this – the Notice must be filed within 180 days of the date of the injury.
Under the same Act, damages may be capped, and some immunities apply – as an example, discretionary policy decisions usually can’t be challenged.
Steps for Parents to Take After an Injury
After your child has suffered a school-related injury, take prompt action in the following steps:
- Seek medical care immediately and report the incident to the school administration.
- Ask for a copy of the school’s incident report.
- File the necessary tort claim notice (if a public school) within the deadline (180 days from the injury).
- Contact an attorney with experience in Idaho personal injury law and school-related claims.
It’s important to gather evidence to support your lawsuit. As such, you must keep all medical records neatly organized, and you must gather witness statements, take photos of the scene of the accident or of any defective equipment, and keep your copy of the school’s incident report. Don’t forget to save all communications with school officials, teachers, and/or coaches.
Why Legal Help Matters in a School-Related Injury Claim
The process of navigating government immunity and notice requirements can be daunting and complex. A qualified personal injury attorney in Idaho can evaluate potential defendants, obtain evidence, negotiate with insurance carriers, and make sure your deadlines are met.
This is where Bendell Law Firm PLLC can be of help. Our attorneys have invaluable expertise in handling school-related claims and assisting parents in the relevant lawsuits. It is our goal to ensure your child’s future safety, and obtain the compensation owed for the injuries sustained.
Contact us today for a consultation and let us know what has happened. We will review your case, explain your legal options, and help you protect your child’s rights.