Who Is Liable If My Child Is Injured at School?

Personal Injury Attorney Madison WI discusses School Injuries

Across the country, injuries happen at schools every day. Most of these are minor, the kinds of bumps and bruises that do not even slow your child down. But when something more serious happens, you need to know where to go for help. Depending on the severity of the injury and how it occurred, the school and other individuals involved may be liable to you for damages. A Madison WI personal injury attorney helps you determine who is responsible for your child’s school injuries.

The School

Your child’s school has a duty to provide a safe place for all of its students. If it fails to do so, and its failings result in your child being hurt, it will be liable for damages. This can include the school knowing of a bully who presents dangers to other students, knowing about faulty playground equipment, or serving your child food that it knows is unsafe.

This includes not only what the school actually knows, but also what it should know. The school is responsible for information that you provide, and information that its teachers should know. Injuries that come from dangers it was in position to know about create the grounds for a finding of negligence, and liability for the school.

Individuals at the School

If someone at the school acts recklessly or willfully to hurt your child, this also creates liability. A teacher or aid who physically injures a child, through actions that are negligent, dangerous, or intentional, creates liability for that person in addition to what the school faces.

Parent of the Child Who Caused the Injury

Finally, if another child hurts your child, the parents of the minor child causing the injury face liability. The parents of a school bully are therefore liable for up to $5,000, plus reasonable attorney’s fees, for each incident that results in victims’ injuries under Wisconsin law.

When school injuries go beyond the everyday accidents kids get in to, you need to know how to protect your right to recovery. Contact Eisenberg Law Offices for help getting the recovery you deserve.

EISENBERG LAW OFFICES

308 East Washington Avenue Madison,
WI 53703
(608) 256-8356

Eisenberg Law Offices, s.c.

Madison WI Attorneys since 1983

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