My Child Was Injured at School – Who Is Liable?


In California, schools must protect the children who attend their institutions. This obligation requires schools to provide adequate supervision and ensure that their facilities are safe. Unfortunately, many children are injured at school every year.

If your child was hurt at school, you may wonder who is liable. In the event that the school’s negligence caused your child’s injuries, you could hold the institution accountable for his or her damages. In these situations, it is best to consult with a Bakersfield personal injury attorney to discuss your legal options.

Common Causes of Injuries at School

We often think of schools as safe places where children can learn and grow their skills. However, there are many hazardous conditions and dangerous situations that a child can encounter at school. An accident at school can lead to serious injuries and potentially lifelong complications, which can affect your child for years to come.

Below are some of the common causes of school injuries:

  • Poorly maintained buses and school vehicles
  • Dangerous property conditions like cracked pavement and loose flooring
  • Poorly maintained playgrounds and recreational equipment
  • Failure to use proper food safety techniques and sanitary procedures when preparing meals
  • Lack of adequate supervision during recess, mealtimes, and extracurricular activities
  • Failure to have an adequate plan for emergencies like natural disasters or school shootings
  • Failure to properly supervise and maintain children’s safety during sports, physical education, and other recreational activities

In some cases, school injuries are not caused by unintentional accidents, but by mistreatment, assault, and abuse. Teachers, caregivers, and other people in positions of authority can intentionally harm children in very serious and painful ways. 

Filing a Lawsuit Against a School for a Child Injury

If your child is hurt at school, you have the right to file a lawsuit against the person or entity who was responsible for the incident. Your options for compensation will depend on the circumstances surrounding your child’s injuries. 

Depending on the cause of the injury, any of the following parties could be liable if your child is hurt at school:

  • School Employees: If an employee of the school’s negligent or intentional actions caused your child to get hurt, you can file a claim against that employee. For example, if a school bus driver causes an accident, you can name him in your lawsuit. If a teacher fails to provide adequate supervision, you could file a claim against that teacher.
  • The School and the School District: If an employee of the school causes an accident, you can name the school and/or the school district in your lawsuit. You can also file a lawsuit against the school or district directly if the entity’s negligence caused your child’s injury.
  • The Government: If the school is a public institution, it is considered a governmental entity. You could file a lawsuit against the government agency responsible for the school as well.
  • A Non-Profit or Religious Organization: If your child attends a private school, you could file a lawsuit against the non-profit or religious organization that oversees the institution.

Discuss Your Legal Options with a School Injury Attorney

When your child is hurt at school, it is easy to feel scared and overwhelmed. In these situations, it is important to seek the help of a California personal injury lawyer who can support you and your family during the legal process. Contact an attorney as soon as possible to discuss your child’s options.