Personal Injury Claims and School Negligence

Personal Injury Claims and School Negligence: What Happens When Schools Fail to Protect Students?

As a parent, you trust that when you send your child to school, your child will be safe and protected. Unfortunately, this isn’t always the case. Schools have a responsibility to provide a safe environment for their students, and when they fail to do so, children can suffer serious injuries, including physical and long-term emotional injuries. Here’s what you need to know if your child’s school has failed to protect your child.

What Constitutes School Negligence?

Schools have a legal duty to protect students while they are on school grounds and participating in school-sanctioned activities. When schools or school personnel breach this duty, and a student is injured as a result, you may be able to assert a claim for negligence against the school. Examples of school negligence can include:

• Lack of Supervision: Schools are responsible for providing adequate supervision during activities like recess, field trips, and in the classroom. If a student is injured due to a lack of proper school personnel oversight, the school may be held liable.
• Bullying and Harassment: When schools fail to address reports of bullying or harassment, students can suffer significant harm. A school may be held liable if they did not take reasonable steps to prevent or stop school bullying.
• Unsafe Conditions: This can include things like broken equipment, unsafe playgrounds, or even security failures that allow unauthorized persons onto school grounds.
• Failure to Address Known Dangers: If a school is aware of a hazard, such as dangerous behavior from another student or unsafe conditions on school grounds, and fails to act, the school may be held liable if a student is injured as a result of that hazard or as a result of another student’s dangerous behavior .

Common Injuries from School Negligence

School negligence can result in various types of injuries, from physical injuries to emotional trauma. Some common injuries include:

• Physical Injuries: Broken bones, head injuries, or other physical harm can occur due to playground accidents, sports activities, or unsafe facilities.
• Emotional and Psychological Harm: Bullying, harassment, or exposure to traumatic events can cause long-term emotional damage to children. These injuries may be more difficult to detect but are just as serious as physical injuries.
• Sexual Abuse: Schools are responsible for protecting children from abuse, including sexual abuse by staff or other students. If a school fails to respond appropriately to reports or concerns, they may be held liable for the resulting harm.

Filing a Personal Injury Claim Against a School

Filing a personal injury claim against a school can be complex, as most schools in Las Vegas fall under governmental entities like the Clark County School District (CCSD). This means that specific rules and deadlines, known as “sovereign immunity,” can apply to claims made against public schools.

To bring a successful claim, the injured party typically needs to prove that the school or its employees acted negligently, and that this negligence directly caused the student’s injury. This often involves:

• Documenting the Negligence: Gather evidence of the school’s failure to act, whether it’s a lack of supervision, unsafe conditions, or failure to intervene in cases of bullying or abuse.
• Medical Records: Ensure that all physical and emotional injuries are documented by healthcare professionals.
• Meeting Deadlines: In Nevada, claims against government entities must be filed within a shorter time frame than claims against private individuals or businesses. 

How Miller Personal Injury Attorneys Can Help

At Miller Personal Injury Attorneys, we understand how devastating it can be when a school fails to protect your child. Our firm has experience handling complex personal injury claims, including those involving school negligence. We will guide you through the process of holding the responsible parties accountable and ensure that you receive the compensation you deserve for your child’s injuries.

If your child has been injured due to a school’s negligence, don’t wait to seek legal advice. Contact us today at (702) 300-0013 for a free and confidential consultation to learn more about your legal options.