Parents do everything in their power to avoid their children from ever becoming harmed. However, kids are not with their parents at all times. As they grow up, they must begin their own life and start school. An unfortunate reality of life is that accidents can happen to anyone, even children. When an accident happens at school, it can result in serious injuries that have the power to impact a child’s future. While filing a claim against a Pennsylvania school district can be difficult, it is not impossible to do. It can be helpful to retain the services of an experienced attorney to assist your case.
Types of Accidents
Sometimes, accidents happen simply due to a person’s own mistakes. However, there are many accidents that are caused due to the negligence of another party. This may happen in schools if the district does not care for the students by reducing the risks that are present on the grounds. Common accidents that occur on school grounds can include the following:
- Playground accidents: Emergency rooms in the United States care for more than 200,000 playground injuries every year. Some injuries are simply minor cuts and bruises while others are as serious as broken bones, brain injuries, amputations, and strangulation.
- Hazardous premises accidents: When unknown or unrepaired hazards are present on school grounds, it can cause slips, falls, trips, elevator or escalator accidents, parking lot accidents, fires, and etc.
- Sports accidents: Sports and recreational activities can lead to severe injuries such as ligament sprains, muscle strains, growth plate injuries, broken bones, spinal cord fractures, concussions, dehydration, repetitive motion injuries, dehydration, and more.
- School violence: Pushing, fights, gang violence, and assault at school can cause physical and emotional traumas. This can include cuts, bruises, broken bones, head trauma, and more.
Is the School District Liable?
Under the Political Subdivision Torts Claim Act, public school districts in Pennsylvania are safe from liability claims being made against them. However, it is important to know that there are exceptions to this. This may be if a child is harmed while under the care of the school. In these cases, parents may be able to hold the district liable for their child’s injuries.
In order to file a claim against a public school, a child must have been injured due to “acts by a local agency or any of its employees.” This must be proven by showing that “damages would be recoverable under common law or a statute creating a cause of action.” Parents often bring negligence lawsuits as the cause of action against schools in lawsuits. It is important to know that if the school is found liable, it has a maximum liability for harm that is capped at $500,000.
Contact our Firm
Attorney Newman has represented clients in Pennsylvania for over 45 years. If you need an experienced attorney to help guide you through the personal injury claims process or with any criminal defense matters, Attorney Newman is ready to help. Contact The Law Office of Neal E. Newman today to schedule a consultation.