It is every parent’s nightmare: they send their child off to school, only to have the school call them later in the day to inform them that their child needs to be picked up because they have been injured. Thus, what do you do when that happens? Who is held liable for your child’s injury? Below, we will help you assess the situation and hold the guilty party responsible.
Examples of School Accidents
Since your child is handed over into the care of the school’s staff, most accidents can be traced back to negligent behavior expressed from such a staff member. It should be noted that school accidents can take place both on and off the school’s property as long as they are still under the care of a school staff member. Here are a few examples of school accidents:
• Accidents involving the school bus
• Accidents taking place on a field trip
• Slip and falls taking place on school property
• Assault and bullying at the hands of classmates or adults
Every second between when your child leaves home to go to class and when they return from school is time spent under the care of the school staff. When an accident occurs throughout this period of time, it will be the school who should be held responsible. Even the lawyers will be of the same view.
One of the most common sites of school accidents is the playground. Since children love to climb and run and jump, falls are actually the most common source of injury, making up about seventy percent of all playground related injuries. These seventy percent are almost entirely made up of kids falling from playground equipment. Most of these accidents are really just that: accidents. But every now and again, such a case will come along and it is discovered that the school did not live up to all elements of their duty to the children and parents which is stated in detail in the Ontario Occupier’s Liability Act. You might need to consult a personal injury lawyer in Chatham and maybe hire them to represent your rights.
The School Child Protection Policy
Since school are legally obligated to protect all children left under their care, Ontario has decided to put together a legal document which specifies this duty of care. This document is called the “Reasonably Prudent Parent Doctrine”, and it states that the school staff is required to care for each of the students as if they were the child’s parent or caregiver. You might need to check and see if the lawyer can help you settle the claim faster.