Who is Responsible for an Injury at School?

In an earlier post, we discussed how permission slips for off-campus school activities can impact liability in the event of an accident. This post looks at the standard of care for teachers and other staff when a child suffers an injury at school.

Accidents and injuries at school

Most children never experience an injury at school, but occasionally serious accidents do happen, and can have considerable impact on a young person’s future. Although many injuries are the result of the normal accidents that can happen to children, some may have been caused by negligence.

Some of the more common injuries that occur at school, and may be the result of negligence, include:

• Slips, trip and falls;
• Playground injuries;
• Sports and gym class injuries;
• School bus accidents; and
• Bullying.

Are teachers or boards liable for an injury at school?

Depending on the situation, an injury at school can be caused by negligence on the part of a member of staff, or the school board itself. Teachers and other school staff are expected to take the same level of responsibility for students as, “a reasonably prudent parent,” and take appropriate care for their safety. This would include protecting them from any reasonably foreseeable risk of injury or imminent danger.

As an occupier of the school property, the school board is required to keep the premises safe, and ensure that there are no unreasonable hazards or other dangers posed to the students. This includes completing necessary maintenance, and remediating any safety issues within a reasonable amount of time. If they fail to do so, and a student is hurt, the school board may be held liable.

Lawyers for students that have suffered an injury at school

At Jasmine Daya & Co., our personal injury lawyers act on behalf of injured minors and their families to help them obtain the compensation they deserve. We have decades of personal injury experience, including claims against school boards and similar institutions.

We offer free consultations for new clients to discuss their claim, and determine whether a lawsuit is the right way to proceed. To discuss a potential matter with one of our lawyers, contact us online, or by calling 416-967-9100.