Children spend a significant amount of time at school, and while most interactions are pleasant and result in life-long friendships, others may cause harm and stress. In most situations where a child suffers harm on school property, the responsible party is often the supervisor or teacher. However, if one student harms another, they may face consequences depending on the circumstances.
There are many elements to consider when determining liability in school-related injury claims, and it’s imperative to speak with our lawyers at the Law Office of Cohen & Jaffe, LLP. Our team may advise you on your best course of action and legal situation before you unknowingly make a detrimental decision.
Holding Negligent Parties Responsible for Injuries Suffered at School
Liability in situations where one student trips another student at school can be challenging to navigate and vary depending on several factors, including the incident’s circumstances, the student’s age, and the school’s policies. Below are a few key elements to consider when pursuing an injury claim on behalf of your child:
Negligence and Duty of Care
In injury claims, liability generally revolves around the concept of negligence and duty of care. Schools have a responsibility to provide a safe environment for their students. If a student intentionally trips another student and causes harm, it could be considered a breach of the duty of care the school owes its students.
Intentional Acts
If the tripping was an accident and the other child did not purposefully harm the other, you will want to speak with a lawyer about other liability options. However, if you believe the action was intentional and not accidental, you may be able to hold the child accountable for their actions. You may also pursue a claim of assault, harassment, or bullying if the act was intentional.
Age and Intent
When handling a claim regarding children, the age of the students involved is critical. If the student is younger, it may be difficult to pursue legal action since they will have a harder time understanding their actions and the consequences. If the students are older, they may be more aware of their actions—which influences how liability is determined in the case.
Parental and School Liability
While the student may face serious consequences, the parents of the student and the school may also hold liability for the accident, especially if their negligence or lack of supervision contributed to the incident. If your child faces severe injuries due to the other student’s behavior, speaking with a lawyer about who holds partial liability is vital for your case.
It’s important to note school policies and protections when filing a school-related injury claim. In some cases, public schools may have immunities protecting them from lawsuits. However, these immunities can vary by jurisdiction and specific circumstances. If you’re involved in such a situation, consult with legal professionals with experience in education and personal injury law, so you can feel confident in your representation to guide you through the complex process.
Speak With a Lawyer at the Law Office of Cohen & Jaffe, LLP Today
If your child suffers severe injuries and potential bullying, speak with our compassionate lawyers at the Law Office of Cohen & Jaffe, LLP as soon as possible. Our dedication to providing responsive and professional legal support has recovered millions of dollars in compensation for our clients. Backed by an extensive network of community ties and ample resources, we offer personalized solutions and unwavering representation tailored to each client’s unique circumstances.
Our commitment to facilitating your smooth recovery is resolute, and we are prepared to exceed expectations to ensure you receive the rightful compensation you deserve. To explore our range of services and read positive testimonials from previous clients, please visit our website and consider subscribing to the Law Office of Cohen & Jaffe, LLP YouTube Channel. For immediate assistance, call 516-358-6900 or fill out our contact form. We are ready to stand with you, providing guidance through this challenging period.
