Accidents at Public Schools: Your Rights and Responsibilities
Over the years, the San Diego Unified School District has grown from a single, one-room schoolhouse to one of the largest school districts in the country. Tens of thousands of employees, students, and visitors pass through these schools every day. With so much coming and going, injuries are inevitable. Your rights and responsibilities following an accident at a public school vary, usually depending on the victim’s status. More on that below.
All public school accident victims, regardless of status, have legal options. Moreover, all victims need a dedicated Carlsbad personal injury lawyer. Substantial compensation is available for accident victims, but school districts and insurance companies deny fair compensation whenever possible. Only a partnership with a Carlsbad personal injury lawyer ensures maximum compensation for your serious injuries.
Students
Public school student injuries include falls, student-on-student assaults, and food poisoning. Usually, the school district has an in loco parentis duty of care. The legal responsibility is a step above a duty of reasonable care. Like parents, school districts must go above and beyond to protect children.
This protection includes creating and maintaining a safe environment, not only on school campuses, but also on field trips and other excursions.
Typically, a Carlsbad personal injury attorney must file a notice of claim, usually within about thirty days. So, unless a lawyer acts quickly, the victim loses the right to obtain compensation. A notice of claim gives a school district a chance to investigate the claim and settle it quietly. If the district fails to make a reasonable settlement offer, the victim may file a civil claim.
A signature on a liability waiver, such as a general liability waiver in a bundle of registration documents or a field trip permission slip, is the most common school district defense. However, these documents are often take-it-or-leave-it contracts of adhesion, which are unenforceable in court.
Visitors
Visitors to public schools, either during school hours or at an after-school event, are at risk for falls and other serious injuries. The school district has a duty of reasonable care to provide a safe and secure environment. The extent of that duty varies on a case-by-case basis, according to factors like:
- Victim’s permission to be on campus or at the event,
- Likelihood of serious injury,
- School’s cost to prevent injury, and
- School’s knowledge of the injury-causing hazard.
If a breach of duty causes injury, the victim is entitled to compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are available as well, in some extreme cases.
Employees
When school district employees are injured on the job, workers’ compensation benefits are usually available. These benefits usually include lost wage replacement and medical bill payment.
Full benefits are usually available even if the victim was entirely at fault for the work-related injury (e.g. Margaret ran down a dark staircase and fell). Full benefits are likewise available if a pre-existing condition contributed to the risk and/or severity of injury (e.g. when Tony ran into Mr. Jones, he hit Mr. Jones’ bad knee).
Work With a Savvy 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. We routinely handle matters throughout SoCal.
Source:
sandiegounified.org/about/about_s_d_u_s_d/about_us
