Who is Liable if a Child is Injured at School?

Everyone knows that when children play, they can get hurt. It’s uncommon for children to make it through childhood without scrapes, bumps, and bruises, even if they are being closely monitored by parents or guardians. However, when we send our children to school, we expect they will be taken care of and will make it home safely.

While it is true that accidents can happen on the playground, in gym class, or even in the classroom, a child who is injured due to improper supervision or negligence may be reason for concern. So, while it may be the fault of the school that the child was injured, proving the school was negligent is another matter.

Filing a Personal Injury Suit

Negligence must be proven through:

• Duty of care – Children are required to go to school, but the school is required to take care of them
• Breach of duty of care – If there is evidence the school failed in caring for a child and they were injured, there may be a breach of care
• Causation – Evidence must show the breach of duty directly caused the child’s injury
• Injury – The child’s injury must be serious or severe enough to warrant a personal injury case. This can include stitches and broken bones all the way up to traumatic brain injuries or spinal cord injuries

While each case is different, if it can be shown the school was responsible for your child’s injury, the school may be held liable for the injury.

If your child suffered a serious injury at school due to a breach of care in the Burlington, Ontario area, please contact Findlay Law offices to speak with an experienced personal injury lawyer today.