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Do you remember the day when your child first went to school? For children, it was the excitement about the new space of school and the new friends they will meet that makes them could not even sleep at night. Same for parents, they could not sleep for other reasons, including the satisfaction that they have raised their children well enough to send them to school, and about the time they have for themselves after their children went off to school. While it certainly sounds touching for both sides, a child’s school life means being entrusted to the other side other than parental care, a milestone in parenting that contains many new burdens and worries.
These burdens and worries gradually fade over time when our child go to school every day and it becomes a part of daily life, so that the nervousness of their child’s first day of school are all forgotten. Therefore, parents gradually feel safe about leaving their children at school as they have developed faith and trust in the school system and teachers. However, this faithful state between schools and parents can be destroyed by a phone call telling you that your child was injured at school. Of course, in that case, there are various things that we must think about, such as clarifying the accident at school, understanding the causes of the accident, and treating the injured child, but still vaguely know who should take the responsibility and where to get compensation for our children. In this article, we will see what to do if your child is injured at school.
Schools have an implicit duty to take responsibility for the safety of students not only during school hours or after-school activities that take place at school, but also during educational activities outside of school, such as picnics, sports activities, or school camping sometimes. The school’s responsibility for the safety of students at such times is not only for physical damage from accidents, but also to protect students safely from mental damage caused by bullying or emotional abuse that may occur during school life. Furthermore, schools and teachers are also responsible for managing and maintaining school grounds, buildings, and educational equipment used in schools to ensure that they are safe for students.
A child’s physical and mental injuries caused by an accident that occurred while studying at school is not something that can be easily dismissed just simply by receiving compensation for medical or rehabilitation expenses. In case a child got injured from an accident at school, where should be considered as the safest place beside home, it may seriously affect the child’s perception of school, the child’s academic achievement, and his/her emotional development as well. If your child got injured in an accident at school like this, you can file a claim through the school’s Public Liability insurance. At this time, you must prove that the accident occurred due to the school neglecting its duty of care for your child and that the child has suffered physical and mental damage because of the accident. For example, if an accident occurs when a teacher leaves the classroom without permission, the responsibility for the accident is held against the teacher and the school because it is a breach of their work duties to ensure that students are under safety during educational activities. In addition, if a student got injured by a broken table in the classroom, or if an accident was happened by the deterioration of the school building or facilities that the school may have failed to properly maintain such facilities and equipment in a safe condition, and you may make a compensation claim for the caused damages.
According to the law, a claim for compensation can be held against the school or for such accidents that occurred at school, however, not all cases are righteous for us to make a claim, even when students were harmed and injured from an accident there. In case, as mentioned above, even if the teacher is away from the classroom but the accident is happened unknowingly in a situation where it is impossible to prevent, depending on the situation, the court will consider that the teacher or the school is not at fault, and it is difficult to be in quest of their responsibilities for the accident. Additionally, even if the accident happened while using the school building or facilities, if the court judges that it is a serious mistake of the user, keeping on making a claim for compensation against the school or school facilities is also difficult.
Furthermore, schools or teachers may not be responsible for injuries that occur when a student breaks glass windows or destroys the school’s property, or when a student climbs the wall or trees at school, or other acts that pose an excessive risk of injury. Of course, there are activities at high risk of an accident or getting injured during physical education classes, so it could be some exceptions. If your child has an accident, it is important to seek legal advice from an injury lawyer as soon as possible.
In order to successfully apply and proceed a claim for compensation for injuries that the child has been suffered from school like this, it is necessary to prove that the school was at fault and that the school or teacher did not properly fulfill the duty of care, in other words, we must prove that the accident could have been prevented with the appropriate management from school or the proper supervision of the teacher.
Since the complexity of personal injury claims for these children’s injuries makes things become difficult for parents to handle alone, it is necessary to obtain accurate facts relating to the accident, all detailed records and educational policies from school, also statements from teachers or witnesses and other parties involved in the case. Therefore, the help of a professional injury lawyer who can collect evidence to support the case will be needed.
Our law firm – Littles Lawyers where helps your precious children to receive reasonable compensation for all damages, both mental and physical injuries that may occur in various situations, which makes them painfully suffer from an accident at school. With our vast experience and expertise in various cases, we always do our best to ensure that you and your children receive the most valuable compensation, including collecting evidence and negotiating with insurance companies, which are the most difficult parts of an injury claim that happened at your child’s school. If you need any consultation, please contact us at 0408 249 334 or press the message button and leave a consultation message.
This article is also available in Korean and Vietnamese. See below: