My Child Has Been Injured at School: What Should I Do?

We send our kids to school with good faith that they will be taken care of by the teachers and other professionals onsite. Getting a call to say that your child has been injured is every parent’s worst nightmare. Kids will be kids, so maybe what happened was just an accident. Or maybe an instructor or other party was at fault. You desperately want to know what happened and if anyone was responsible for your child or loved one’s injury.

So how can schools make sure they keep their students out of harm’s way? Every school has a unique set of needs based on its geography, governing philosophy, and the makeup of its student body. What’s consistent across all educational institutions is the desire to give students a safe environment where they can learn. Here are a few issues that should be on the radar of all parents and administrators who are responsible for student safety and school security.

School bus injuries are not uncommon

The American shortage of school bus drivers has reached a crisis level this year. The pay is relatively low, and the pressure to perform is disproportionately high. Most school bus drivers make just about $41,000 a year, according to the U.S. Bureau of Labor Statistics. Yet they are responsible for getting dozens of children to and from school safely every single day. In June, a pregnant bus driver rose to the occasion and saved the lives of 37 children by escorting them off of a burning bus. But not every bus ride has such a happy ending.

The U.S. National Highway Traffic Safety Administration (NHTSA) reports about 113 fatalities per year in school-transportation-related crashes. Fifty-three of the fatalities were bus drivers, and 60 were children. Among the children who were killed, the majority (18%) were five to 10 years old. Of the remaining children:

• Three percent were younger than five years old
• Six percent were 11 to 13 years old
• 12 percent were 14 to 18 years old

Buses can crash for a variety of reasons. The driver could be tired or driving under the influence of drugs or alcohol. The weather and road conditions may be poor. Maybe the bus hasn’t been properly maintained or has a defective part. Whatever the cause, bus accidents can lead to serious injury and even death.

Parking lots and roadways are dangerous

Traffic is often quite heavy in parking lots and areas surrounding schools at the beginning and end of the school day. Children are at risk of being hit by school buses or cars as they cross roads and parking lots during these busy times. Careless or distracted drivers are one of the reasons school parking lots are so dangerous. A child is 1.6 times more likely to be fatally struck as a pedestrian than to be killed in a school-transportation-related crash.

An average of 183 pedestrians are killed every year in school-transportation-related incidents, per NHTSA’s data from 2011 to 2020. Among all pedestrians killed in these crashes, 24 percent were five to 10 years old. This age group is the most vulnerable, whether they are pedestrians or passengers.

Of the remaining children who were killed as pedestrians:

• Four percent were younger than 5 years old
• Eight percent were 11 to 13
• 11 percent were 14 to 18 years old

Preventing injuries on school grounds

Kids are generally less cautious than most of their adult counterparts. Children are vulnerable to slip and fall accidents and other mishaps at school. Spills and tumbles often cause minor bruising and lacerations, but more significant injuries like traumatic brain injury or spinal cord damage can also occur. The playground also poses a number of risks for children, such as scraped knees, broken bones, or heat-related illnesses. If playground equipment is badly designed or improperly constructed, the manufacturer may be held liable for any injuries a child has sustained.

It is the responsibility of administrators to ensure schools are as safe as possible for children. Precautions schools should take include:

• Performing routine maintenance to minimize dangers to children (water leaks, loose wires, clean and level playing fields and playgrounds)
• Conducting background checks on all teachers, administrators, and personnel (cafeteria workers, maintenance staff, security team)
• Ensuring the appropriate level of safety and security for all high-risk activities (football games, school proms, dance competitions or recitals, field trips)
• Creating and following emergency action plans for any students with known medical issues (asthma, life-threatening allergies, epilepsy)
• Educating children on the dangers of bullying and enforcing strict anti-bullying guidelines
• Flagging and monitoring any student who has a history of violence or exhibits aggression

The sad truth of school violence

School shootings are at their highest recorded levels in the United States, according to a study published in the journal Advances in Neurodevelopmental Disorders in 2022. Sales of armored bags have been surging in recent years on the heels of the latest high-profile school shootings, like the March 2023 shooting at a private Christian elementary school in Nashville that left six people dead.

Do your research before you make an investment. Body armor such as bulletproof backpacks is legal for children in most U.S. states.

Can you sue a school in Reno if your child suffers an injury?

If your child was injured at school or a school event, you may be able to prove that the institution’s “duty of care” obligation was not met. Duty of care means that teachers and staff are required to use a reasonable amount of diligence in watching over the students and providing an adequately safe environment for them. A person or school may be deemed negligent if they did not sufficiently meet this standard of care, and a lawsuit may be filed against them.

The school also has a duty of care obligation to any visitors to the property. You may be able to sue the school for damages if you were injured on their grounds. For example, the school may be liable if you fell on an icy sidewalk or slippery floor that wasn’t properly cleared by their maintenance staff.

The legal circumstances of suing a school can be complicated. Public schools, for example, must follow certain rules and regulations that are set forth by federal, state, and local governments. Failure to follow these regulations may leave them open to liability, but how we proceed with such a case will be different. But there are also limits on the liability of public schools. The law places a higher burden on a plaintiff trying to prove the school knew of a hazard that existed on its property. Government agencies, including public schools, often have some level of immunity and limits on damages they may have to pay. Private schools lack this immunity, but they are also held to different standards, and parents typically agree to these standards by the act of signing the contract. An experienced Reno personal injury lawyer from Claggett & Sykes can help no matter where your child goes to school, or how your child was injured.

The personal injury attorneys at Claggett & Sykes Trial Lawyers have helped clients throughout Nevada recover compensation for their losses. You can sue for damages, including lost wages, out-of-pocket medical expenses, and even mental trauma and suffering. If you need a lawyer in Reno or Las Vegas, please call us or fill out our contact form for a free case review.