When a Child Is Injured at School or Daycare: Legal Remedies for Parents

Sending your child to school is difficult and emotional enough. On top of that, you shouldn’t have to worry about them being injured. Unfortunately, this happens more often than we’d like.

Accidents happen, but when they’re preventable and occur because of someone’s negligence, legal recourse may be available to the child and their parents. Understanding what you can do can bring some relief during an overwhelming experience.

Common causes of school and daycare injuries

Kids sometimes get hurt at school or daycare, but not every injury means someone is legally at fault. However, if a child gets injured because an adult wasn’t paying attention or failed to keep things safe, that’s different from a simple accident. When injuries result from negligence, families might be able to ask for compensation. These situations come up more often than most people realize. Here are some common examples:

Lack of supervision

Supervision plays a big role in child safety. When adults are not watching closely, accidents can happen quickly. Children may wander off when they’re supposed to be on the playground or get into a physical fight with another student.

Unsafe premises

Many injuries occur because the property or something on the property is unsafe. Broken handrails, cracked floors, rusted playground equipment that has become sharp, or stairs without handrails can put children at risk of injury.

Negligent security

It’s an unfortunate reality, but in today’s world, schools have to worry about keeping someone from coming onto the property and harming the children. If a child is hurt because the school leaves doors unlocked, has lax sign-in procedures for guests, or gates that anyone can open, this could lead to liability.

Transportation incidents

Children can get hurt riding the bus or during drop-off and pick-up if it isn’t set up in a way that’s safe for them to get into their car. Car or pedestrian accidents can lead to a claim for compensation.

Negligent hiring

If the school or daycare facility isn’t careful about who they’re hiring, it can lead to injuries for the children. Failing to run background checks or hiring someone with a background of abuse can make these facilities liable.

Licensing and safety rules

Daycare centers must follow strict licensing and safety rules set by the state. When a facility ignores these rules, such as exceeding the allowed child-to-staff ratio or failing routine safety checks, it can increase the risk of preventable injuries and open the door to legal action by parents.

When a child gets hurt at daycare or school, parents deserve to have answers and, in some cases, accountability and compensation through a legal claim.

Who can be liable for daycare and school injuries?

When a child gets hurt at daycare or school, it’s unlikely that the first thing on a parent’s mind is filing an insurance claim or a lawsuit. That being said, when these injuries lead to serious medical expenses and other losses for the parent and their child, it’s only natural to start to wonder who’s going to pay for them. Below are some of the parties that could potentially be liable in these types of injury cases:

Private schools and daycares

Owners and operators must keep the premises safe and supervise all children. If injuries occur, the owner could be liable – even if they didn’t personally injure a child. They’re responsible for hiring and training teachers, and if they fail to do this correctly, it can make them liable.

Public school or district

Public schools and school districts are expected to create a safe environment for students. If a school’s employees are careless or do not maintain the school properly, the district could be legally responsible for a child’s injuries.

Teachers, aides, and coaches

The adults who work directly with kids have duties that include supervision and using safe practices. If a teacher isn’t paying attention or fails to act during an emergency when they reasonably should, they could also be personally responsible.

Third parties

Not every person responsible for harm works at the school or daycare. Third parties could include a bus company transporting children, vendors installing or maintaining playground equipment, or outside helpers. If a product is clearly defective and causes injury – like an unstable playground slide – the company that designed, built, or sold the unsafe product could possibly be liable.

Figuring out which party is liable and how you can seek accountability can be complicated, but you don’t have to do it alone. Let a personal injury lawyer help you.

The challenges of holding a public institution liable for your child’s injury

When a child gets hurt at a private school or daycare in Arizona, parents can normally take legal action using general rules about unsafe conditions and negligence. With public schools and public daycares, it’s more complicated. Arizona treats these places differently because they are run by the government, not private people or companies.

You must file a notice of claim within 180 days

Before going to court against a public institution, Arizona law requires parents to follow special procedures that do not apply to private facilities. The law says you must notify the school or district about your claim within 180 days of the injury.

After that, if the claim isn’t settled, you must start your lawsuit within a year of when the accident happened. Missing either time limit means you cannot hold the public school or daycare responsible, no matter how strong your case.

Even if you meet both of these deadlines, governments sometimes have immunity from being sued, depending on the facts of the situation. You’ll need to speak with your lawyer and let them review the case to determine if there’s an exception that will allow you to move forward with your lawsuit.

Evidence needed to prove liability in school and daycare injury cases

Parents naturally want answers and accountability when a child gets hurt at school or daycare. Proving liability requires showing clear evidence that the injury happened because someone was negligent. This often includes the following types:

Photos and videos

Take pictures or video of where the injury occurred, what caused it (like a broken swing or wet floor), and any visible injuries your child has. Any nearby surveillance cameras or cell phone footage could also reveal exactly how the incident happened.

Incident and accident reports

After an injury that occurs during school hours, the daycare or school should fill out some type of incident report. This report should include what happened and who was involved. Make sure you get a copy of this report as soon as possible.

Witness information

Anyone who saw the accident can help prove your case. This could include classmates, teachers, coaches, parents, or anyone else who happened to be in the area when it occurred. Make sure you find out who witnessed the incident and get their name and contact information so your lawyer can speak with them.

Inspection or licensing records

Daycares and many schools must pass regular inspections. Failures or red flags on these reports might help show that the owner or operator was clearly not providing a safe environment.

These are just some of the types of evidence needed to help prove your claim. When you work with us, we can explain what we need and how we can assist. With more than 30 years of legal experience, we know how these cases operate. We offer free consultations to explain your options and help recover the support and compensation you deserve. Reach out today.