What to Do If Your Child Is Injured at School
Imagine being at work and you receive a phone call from your child’s school. Unfortunately, she fell down the steps between classes and broke her arm. You probably wonder what your options are medically and legally. Learn below about what to do if your child is hurt at school, then contact Littlejohn Law if you have questions. Our law firm serves Richland County, Columbia, Allendale, Jasper, Orangeburg, and Hampton.
Can You Sue the School District?
While parents expect their children’s school to be safe, accidents happen. Can you sue the school or school district for damages? In South Carolina, you can.
South Carolina Tort Claims Act, S.C. Code Ann. 15-78-10 provides the conditions where a plaintiff can file suit against the school district and employees when working in their official capacities. So, many times, a student is hurt on school property where you can file a claim. Also, if a school employee causes a crash with a school district bus or vehicle, a claim can be made.
The Tort Claims Act also limits how much you can recover from the school district or another government body. The Act states the limit at $300,000 per person and $600,000 per event, regardless of how many ‘political subdivisions’ are involved. If there is a wrongful death on school property, the family can receive up to $300,000. For a survival action, the amount is also $300,000.
The Act also states that the school district can be liable for the misconduct of teachers, staff, principals, and school bus drivers. Further, private schools in South Carolina can also be responsible for student injuries on their property.
Other Injuries for Which the School District May Be Liable
There are other ways that children can be injured, and the South Carolina school district can be liable. For example, if a child is hurt at school by another student, the school can be liable for ‘gross negligence’ in supervising your child or the other student.
Gross negligence is sometimes defined as ‘the failure to exercise even slight care.’ For instance, if two students are at recess and the teacher leaves them unsupervised for 15 minutes, the school can be held grossly negligent if a student attacks your child and injures him.
The school district also can be liable if your child is harmed by teachers or staff. Unfortunately, sexual predators - both male and female - sometimes find their way onto school staff. If that occurs, your child can suffer irreparable damage. When sexual or physical abuse happens, the school district has to answer for what its employee did. In addition, the school district can be negligent in investigating the teacher’s background and criminal history.
Speak to Our Columbia Personal Injury Attorney Today
Was your child hurt at school? Then, you can be eligible for compensation in a lawsuit. The Columbia, South Carolina, personal injury attorney at Littlejohn Law can help with your case. Contact us now.