If there is evidence of improper supervision at school, the legally responsible parties (school officials) are more likely to be held liable in a negligence case. Negligence is considered an unintentional tort, meaning that the defendant simply acted irresponsibly and that conduct led to injury as opposed to deliberately doing something that caused injury to the child.
Before a school district or official can be found liable for a child's injury, the plaintiff (typically the child's parent or guardian) must prove the 4 elements of a negligence action:
- Duty of Care: School officials owe a duty of care to the students attending their school, particularly if the students are required to attend school by law and especially if they must attend that particular school.
- Breach of the Duty of Care: There must be evidence that a school official violated this duty of care owed to the injured child.
- Causation: The violation of the duty of care must be a but-for or actual cause of the child's injury.
- Injury: There must be an injury resulting from the breach of the duty of care. Typically, the injury will be severe since lawsuits are time consuming and expensive.
Aside from meeting these elements, the court will look at the particular facts and circumstances of the case to determine if the school district or official should be held liable. There is no automatic liability for child injuries.
The verdict amount and time to sue may vary depending on if the school is public or private.
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