Representation for School Injuries
Our school injury attorneys know that children and adults can be injured on the way to or from school, at school, and in school-related activities. These injuries may happen on school grounds, on a field trip or at an athletic event, or during transportation before or after school. Injuries are often caused by school buses. The following are some of the types of school-related injuries that occur:
- Injuries on the playground
- Injuries in sports and athletic activities
- Injuries on a school bus or in a school bus related incident
- Fights between students
- Injuries caused by bullying
- Injuries caused by students or teachers targeting a student based on his or her disability, sex, or race
- A school’s failure to comply with applicable safety laws and regulations
Schools generally have a duty to protect the children in their care. This means schools must take reasonable steps to protect students from harm by teachers, other students, people entering the school without authorization, and structural problems with facilities, grounds, or playground equipment. This duty arises from state law, the North Carolina Constitution, and the United States Constitution. North Carolina also passed the School Violence Protection Act in 2011. The Act declares that students in public schools should be free from bullying and harassing behavior and requires school districts to develop policies to prevent and respond to bullying.
What if my child has experienced a school-related injury?
You should first make sure that your child is safe and obtain any necessary medical treatment. If your child has suffered a school-related injury, our school injury attorneys can help you.
It is important to have a lawyer with experience in handling school injuries because legal claims based on school-related injuries can be complex. Public schools may claim immunity based on constitutional law. Immunity means schools are shielded from lawsuits because they are considered part of local or state government, and many complicated rules limit the ability to sue the government.
Our school injury lawyers can evaluate a school’s claims of immunity based on the specific facts and circumstances of each case. Charter schools and private schools may not be able to claim immunity. Also, some claims, such as injuries arising from school bus incidents, must be brought in North Carolina’s Industrial Commission, rather than state or federal court. Injuries based on discrimination on the basis of a student’s disability, sex, or race involve federal law and may end up in federal court, which is more expensive and has tighter deadlines than state court.
Examples of families we have helped with their school-related injury;
- A girl whose backpack got caught on the safety arm of the school bus, and she was dragged down the street because the bus driver did not see what happened.
- A woman who was driving to work when a school bus turned in front of her and hit her vehicle, causing it to down a hill and into a pond. She managed to crawl out to safety but her back was seriously injured.
- A two-year old child who was sent out to play in the three-year old area of her pre-school, and broke her arm playing on equipment that was too big for her.
Our School Injury Lawyers Are Here to Help
If you or your child has suffered an injury at school, on the way to school, or in school-related activities, please contact us right away. It is important to act quickly because there are legal deadlines that may prevent you from filing a lawsuit if you wait too long. It is also important to obtain medical examinations and investigations as close to the incident as possible. Our attorneys understand the complex laws in the area of school-related injuries and have helped other children and adults who have suffered school-related injuries to pursue their claims, obtain compensation, and hold the school and school officials liable for their negligent conduct.