Hundreds of thousands of parents drop their children off at day cares and schools every day in Mesa and the Greater Phoenix area. When you entrust a school with your son or daughter’s life, you want them to take this responsibility seriously. Parents expect the school or day care facility to protect their children for the six to seven hours they are in the school, as well as during field trips, afterschool activities and sports programs.
It is true that children are accident prone, but there are many injuries that can be avoided, including some school bus injuries, playground accidents, sports-related injuries, and other accidents. Seek legal assistance from our Mesa personal injury lawyers at Skousen, Gulbrandsen & Patience, PLC for school injury cases like these below.
School Bus Injuries
Many school bus accidents are not the fault of the school bus driver, but the fault of another driver on the road. Several courts in Arizona and across the country have ruled that, due to the “compartmentalized” nature of school buses, restraints and seatbelts are not required by law. However, burns, cuts, bruises, broken bones, head injuries, and even deaths can occur during a school bus accident if the bus driver does not take necessary steps to evacuate children from the vehicle. School buses should always be a safe environment for children whenever they board. If violence, intimidation or bullying occurs on the school bus, it is the driver’s responsibility to report it and stop it. Failure to do so can be considered negligence on the school district’s part.
Child abuse takes many forms, including verbal, sexual and physical abuse. According to ARS-13-3620-A, it is a school’s responsibility to immediately report child abuse to the proper authorities if abuse is ever suspected. Failure to do so is considered school and daycare negligence.
The younger the children, the more careful preschools, daycares and schools need to be in keeping a watchful eye over them. These kids require more supervision from teachers and adults. Failure to anticipate and/or prevent a problem, injuries caused by another child, or injuries due to negligence can all be cause for a lawsuit. Bruises, cuts and scrapes are common for small children at schools; broken bones, brain damage, abuse, paralysis, and death are obviously causes for concern.
Child Allergy Injuries
Life-threatening food allergies are a major issue for schools everywhere. Peanut allergies, gluten allergies, dairy allergies, and other food-related allergies can cause anything from rashes and gastrointestinal issues to anaphylactic shock and death. When parents enroll their student in a new school, it is their responsibility to notify the school/daycare of their child’s allergies. They will need to provide the school with medical documentation about the child’s condition and work with the school to develop a plan to accommodate the child’s specific needs. Providing emergency procedures and emergency contact information to the school are as crucial tasks as teaching your child what they can and cannot eat.
If parents have taken all of the necessary precautions to equip the school and their child with as much information and emergency awareness as possible, it then becomes the school’s responsibility to implement these procedures and reduce the child’s exposure to the allergens. Staff must be trained on what to do in case of an allergic reaction and be proactive in their allergy management. The liability and the responsibility rests with school staff to prevent child allergy injuries and deaths, especially if the child is younger and may not understand their food allergies completely.
For more information about these and other types of injuries sustained by children at school, contact