Who is Responsible if Your Child is Injured at School in Ocala, FL?

Bill Allen | November 2, 2024 | Child Injury

Who is Responsible if Your Child is Injured at School in Ocala, FL?

Children sustain injuries in all types of situations, including while at school in Ocala, FL. An accident can happen at school even though the school takes precautions to protect children from injuries. In some situations, the school could be liable for a child’s injuries if they were negligent. In this blog, our experienced school injury lawyers in Ocala explain who is responsible if your child has an accident at school.

Potential Risks for Children at School

Children do not always consider the potential for injury when undertaking an activity. Therefore, they may be more accident-prone if they take unnecessary risks. Generally, schools are a safe place for children. However, injuries do happen.

Common causes of school injuries include:

  • Playground injuries
  • Injuries sustained playing sports or participating in physical education class
  • Accidents and injuries while on field trips
  • Being exposed to toxic substances, including lead paint or cleaning chemicals
  • Developing food poisoning from eating contaminated or improperly prepared food
  • Injuries on school buses
  • Poorly maintained school facilities
  • Excessive disciplinary actions by school employees
  • Injuries that occur on field trips

A child’s injury at school can result in life-altering impairments that could impact their cognitive, emotional, and physical development. Regardless of the severity of your child’s injury, take them to the doctor to be evaluated.

Responsibility and Liability for School Accidents in Florida

A school can be liable for a child’s injuries if a school employee’s negligence caused the accident. Consider the following example: A maintenance supervisor fails to repair damaged flooring in a hallway and does not place barriers to prevent children from walking in that area. The damage creates a tripping hazard, causing a child to fall and break their arm.

The maintenance supervisor was negligent, so the school could be responsible for the child’s injuries. Legal liability for damages might include the child’s economic damages, such as medical bills and out-of-pocket expenses, and non-economic damages for pain and suffering.

A School’s Duty of Care in Ocala, FL

A school’s duty of care requires it to take specific measures to ensure a safe learning environment for children. Florida law gives schools the authority to protect the safety of students by:

  • Establishing rules of conduct for classrooms
  • Request assistance in emergencies
  • Establish appropriate consequences for wrongful conduct
  • Enforce school rules at school and school-sponsored activities
  • Provide training to improve classroom management
  • Remove disobedient or disruptive children from classrooms
  • Use reasonable force to protect children from violence

In addition to these measures, the school’s duty of care requires it to maintain safe premises. Therefore, the school must make repairs, perform general maintenance, and use reasonable care to correct hazards that could harm a child.

Determining Negligence in School Accidents

Proving the school is liable for causing your child’s injury requires you to prove the four elements of negligence. Those elements are:

  • Duty of care: The school owed your child a duty of care to take reasonable steps to protect your child from injuries.
  • Breach of duty: The school failed to meet the standard of care required to keep a child safe.
  • Causation: The school’s breach of duty was the direct and proximate cause of your child’s injury.
  • Damages: Your child sustained injuries and other damages because of the school’s breach of duty.

The school may not be liable for your child’s injuries if another party intentionally caused the injury. For example, another student or teacher strikes your child. The teacher or child’s parents could be liable. A contractor or other third party could be liable for your child’s injuries if their negligence caused your child harm.

However, the school may share liability if it is negligent. For example, the school failed to remove a teacher the administrators knew to use excessive force with children. In that case, the school may share liability with the teacher for your child’s injuries.

Understanding Florida’s Sovereign Immunity Law

Government entities, including school districts, are protected from being sued by sovereign immunity. However, Florida’s Tort Claims Act has waived sovereign immunity for most tort actions. Therefore, you can sue a school or other government entity for damages if an employee is negligent.

The claims process is different for government tort claims. You must file a Notice of Claim with the Department of Financial Services to protect your right to sue the school. You will not be allowed to file a lawsuit until at least 180 days after filing the Notice of Claim or your claim is denied by the state.

The 180-day requirement does not extend the statute of limitations for filing personal injury lawsuits. Therefore, it is best to consult an attorney as soon as possible to avoid losing the right to file a lawsuit for a school injury.

Our Ocala child injury lawyers at Allen Law Accident & Injury Lawyers can help you file a claim to protect your child’s right to fair compensation for their injuries and damages. Contact our office to schedule a free consultation to discuss your child’s case.

Contact Our Ocala Personal Injury Law Firm in North Central Florida

If you need legal assistance, contact the Ocala personal injury lawyers at Allen Law Firm, P.A. at your nearest location to schedule a free consultation today.

We have three convenient locations in North Central Florida:

Allen Law Accident & Injury Lawyers – Ocala Office
112 S Pine Ave
Ocala, FL 34471
(352) 351-3258

Allen Law Accident & Injury Lawyers – Downtown Gainesville
621 W University Ave
Gainesville, FL 32601
(866) 928-6292

Allen Law Accident & Injury Lawyers – Gainesville office
2550 SW 76th St #150
Gainesville, FL 32608
(877) 255-3652