Injured at School? Know Your Rights!
The Golden State has a very broad duty of care that protects all people at all times in all places. Children, teachers, substitute teachers, parents, administrators, and anyone else who sets foot on school property is entitled to the same protection. School operators, like any other property owners, are liable for damages in the situations discussed below.
Legal actions against school districts involve some extra legal hurdles. Therefore, only the most experienced Carlsbad school accident lawyer can obtain maximum compensation in these matters. This compensation usually induces money for economic losses, such as medical bills and noneconomic losses, such as pain and suffering. Usually, the government entity that operated the school, like the city or county, is financially responsible for these damages.
Slip and Fall
Most schools in California are filled to capacity, or even beyond capacity. In fact, many schools have more portable buildings than regular buildings. As a result, fall hazards are everywhere, such as kids who push and shove each other or kids who track wet footprints inside.
On a similar note, many California schools are almost constantly being renovated and expanded. These construction areas are very hazardous. We’re not just talking about fall hazards. Construction workers often use dangerous chemicals.
As mentioned, a duty of care protects all people at all times. The extent of this duty of care varies, based on factors like:
- Probability of entry,
- Possibility of serious injury,
- Operator’s knowledge of the injury-causing hazard, and
- Ease (or difficulty) of preventing injuries.
All these factors point to a high duty of care in school injury matters. The higher the duty of care, the easier it is for a San Marcos personal injury lawyer to prove negligence, or a lack of care.
Assault
These assaults usually include the aforementioned student fights and school shootings. The duty of care protects people at schools in both situations.
Usually, the duty of care requires schools to station faculty members throughout the school. These people must break up fights before they become violent. Punishment after the fact might suffice for disciplinary purposes, but not for negligence purposes.
The duty of care includes a responsibility to provide adequate security. The level of security varies in accordance with security threats. Given the uptick in school shootings, most schools have a duty to provide robust security, including high-security entrances and armed guards.
Food Poisoning
The one-size-fits-all approach embedded in most school cafeterias often leads to food poisoning incidents, mostly anaphylactic reactions. These life-threatening reactions are common among people with dairy and egg allergies, two very common ingredients in mist school foods.
Food allergies change over time. Children often outgrow some food allergies and grow into other ones. So, communication problems often come into play. A child’s parents might notify the school’s administrative office of a changed allergy, but many times, the administration fails to inform the cafeteria. Such lack of communication is clearly negligence.
Work With a Diligent San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.
