Who is Responsible if My Child is Injured at School?

Almost every single person can point to at least one scar on their body which is accompanied by a story about how they got that scar during their childhood. Most children spend their days playing, running, jumping, racing, and crawling. While it’s no secret that children can get hurt, one of the most difficult situations to navigate is when children are hurt at their school.

My Child’s Injuries Were Caused by Another Child

When your child is injured by another child at school, the most important thing to establish is whether your child is in actual danger, and they are being bullied by another child. If your child is being bullied, the injuries could be the result of an assault or battery.

In simple terms:

• Assault occurs when someone threatens or acts in a way that makes a child fear immediate harm, even if they are not actually touched.
• Battery occurs when someone physically harms the child, such as hitting, shoving, or causing an injury.

For example, if a child threatens to push another child off a slide, that could be assault. If they actually shove the child, causing a fall, that could be battery. This means that with assault the victim is in the belief that they are going to be hurt, and with a battery, the victim is actually hurt.

While you may be familiar with assault and battery in the criminal world, these two offenses are what is known as intentional torts meaning that the person who perpetrated these actions had to have the specific intent needed to satisfy the requirements of these torts.

If the injuries caused by the other child were accidental, there are different actions that you can take as a parent.

If your child was injured due to rough play with another child, some parents choose to handle medical expenses informally by negotiating with the other child’s parents. However, while this might seem like a simple solution, it often falls apart when medical costs increase.

Instead of relying on verbal agreements, consider getting a written acknowledgment of responsibility or seeking legal guidance to ensure medical expenses are covered. If informal negotiations fail, you may have legal recourse under personal injury laws.

However, these attempts to settle these issues with the other child’s parents can be very difficult. Where the other parents could be willing and ready to pay for medical expenses they can quickly stop responding to any attempts to contact them once they learn of the amount that the expenses are piling up to be.

While hiring an attorney is one approach, parents may also explore alternative resolution methods before pursuing legal action. These include:

• School Mediation: Some schools offer conflict resolution programs where administrators mediate disputes between parents.
• Insurance Claims: If the injury occurred on school grounds, homeowners’ insurance or school liability insurance may cover the costs.
• Filing a Complaint: Parents can report safety concerns to school boards or state education agencies, leading to corrective action.

These options may resolve minor injury claims without the need for litigation. However, for severe injuries or cases where the school refuses responsibility, legal action may be necessary.

My Child’s Injuries Were Caused by Something at School

While children roughhousing can be a very big area where children get hurt, sometimes, children get hurt at school because of their surroundings. In instances where your child is attending a school, your child is owed a duty of care by the school in which they are attending.

One of the most familiar things in a school is a playground, filled with monkey bars, slides, and all sorts of opportunities for your child to become hurt. If your child suffers from an injury because of a playground accident due to the playground equipment not being properly maintained, then you could have a claim against the school under the theory of premises liability.

Premises liability allows you to recover for damages that your child suffers on their school campus if their accident was caused by negligence or a failure to maintain reasonably safe conditions throughout their property. As mentioned above, this could be from improper care of playground equipment or other areas like stairwells.

In addition, you would be able to recover from your child’s injuries on the theory of negligence.

The school may be liable for your child’s injuries under the legal theory of negligence, which requires proving four key elements:

1. Duty of Care – The school had a legal obligation to ensure a safe environment for students.
2. Breach of Duty – The school failed to uphold this duty (e.g., ignoring safety hazards).
3. Causation – The failure directly caused the child’s injury.
4. Damages – The child suffered measurable harm (e.g., medical bills, emotional distress).

Some examples of negligence at your child’s school could be:

• The school failing to make repairs on a water fountain which breaks and injures your child
• The school forgets to put a “wet floor” sign after they are done mopping the hallways and your child slips and falls, injuring themselves
• The school fails to make repairs to a fence that surrounds the playground and your child cuts themselves on an exposed portion of the fence

While both negligence and premises liability could prove to be successful in your recovery against the school, an experienced personal injury attorney is able to review the case to make an appropriate determination as to which theory of liability would be appropriate to pursue in your case.

Depending on the circumstances, parents may be entitled to various types of compensation for their child’s injuries, including:

• Medical Expenses: Covers doctor visits, surgery, therapy, and medication.
• Pain and Suffering: Compensation for physical pain and emotional distress caused by the injury.
• Future Medical Costs: If the injury leads to long-term issues, compensation may include rehabilitation costs.
• Punitive Damages: If the school knowingly ignored dangerous conditions, additional damages may be awarded.

Consulting a personal injury attorney helps determine what compensation you may be eligible for.

What to Do After a School Injury

If your child has been injured at school, take these immediate steps to protect their rights:

1. Seek Medical Attention: Get medical care, even for minor injuries, to document the issue.
2. Report the Incident: Notify school staff and request an official incident report.
3. Gather Evidence: Take photos of hazards, collect witness statements, and keep medical records.
4. Request Surveillance Footage: If available, ask the school for security camera footage to support your claim.
5. Consult a Personal Injury Attorney: If the injury is serious and the school refuses responsibility, legal action may be necessary.

These steps ensure you have documentation and evidence if you need to file a claim against the school or another party.

FAQs About School Injuries and Liability

Can I sue the school if my child suffered broken bones on the playground?

Yes, if your child’s broken bones were caused by unsafe playground conditions, such as poorly maintained equipment or lack of supervision, you may have a premises liability claim against the school. Schools have a duty of care to keep students safe, and failing to do so can make them liable for injuries. Speaking with a personal injury attorney can help determine if you have a strong case for compensation.

What should I do if my child breaks a bone at school due to another child’s rough play?

If another child’s rough or reckless behavior caused your child’s broken bones, you should first seek medical attention and document the injury. You may also need to report the incident to the school and request a copy of any incident report. Depending on the circumstances, you could have a claim against the school or the other child’s parents for medical expenses.

Will my child’s medical bills be covered if they break a bone during school activities?

In many cases, the school’s liability insurance may cover medical expenses if negligence played a role in your child’s injury. However, if the injury occurred during a supervised sports event or normal play, the school may argue that it is not responsible. Consulting a lawyer can help determine whether you are entitled to compensation for broken bones or other injuries.

Can I file a lawsuit if my child slipped and broke a bone due to unsafe school conditions?

Yes, if your child’s broken bones were caused by hazardous conditions, such as a wet floor without warning signs or a damaged staircase, you may have a negligence claim against the school. Schools must take reasonable steps to ensure their premises are safe for students. If they fail to do so, they can be held legally responsible for injuries.

What if my child’s broken bones don’t seem serious at first but cause problems later?

Some bone fractures may appear minor at first but can lead to long-term pain, mobility issues, or medical complications. It’s important to document the injury, follow up with doctors, and keep records of all medical treatments. If future medical problems arise, a personal injury attorney can help you seek compensation for ongoing medical care and suffering.

Hiring the Best Personal Injury Attorney

Any occasion where your child is injured can be scary and difficult to navigate as a parent. While children are naturally curious and like to play in ways that can deem rough or dangerous, more often than not, children exercise care and caution in their day-to-day activities. No parent wants to get the phone call from the school nurse asking them to come and pick up their child because they were hurt, but it’s always important to speak to people at the school, retain the appropriate documentation, and most imperative at all, hire an experienced personal injury attorney who will be able to help you navigate different options you may have to recover for your child’s injuries.

If your child has been injured while they were in school whether it was due to another child or the school, The Heidari Law Group can help you recover damages as a result of your child’s injuries. With offices in Fresno, California, Sacramento, California, Los Angeles, California, Irvine, California, San Jose, California, and Las Vegas, Nevada, the Heidari Law Group has qualified personal injury attorneys who are able to explore all of the appropriate avenues that you have at compensation against the school or the parents of the child which harmed your child.

Sometimes, children’s injuries may not seem serious at first but then manifest into more serious issues the older they get. While it may seem like a good idea to try and talk to the school or the other child’s parents to settle the issue amongst yourselves, only an experienced attorney will make sure that you are represented appropriately to get maximum compensation.

Regardless of whether you are in California or Nevada, the Heidari Law Group is able to assist you at every step of your child’s recovery process and ensure that you are equipped with all the tools that you need in order to receive fair compensation. Reach out to our offices and call for a free consultation today!

***Disclaimer: This blog is created by Heidari Law Group for educational purposes. This article provides a general understanding of the law. It does not provide specific advice. By using this site and reading through this blog, there is no attorney-client relationship created between you and any member of Heidari Law. Further, due to the constant change of the law, some parts of the information above may no longer be good law.