Was Your Child Harmed Due to the Negligence of Another? Here’s What You Need to Know

Getting to the root of a child’s injury is not always easy. Children have a tendency to keep these types of things to themselves, especially if there is a bully involved. If your child has been injured while under someone else’s supervision, you will obviously want to know who is responsible and how to proceed moving forward. Depending on the particular circumstances, there are a few things you can do. Here is what you need to know. 

Intentional and negligent actions 

Before you take any action, you need to determine whether the injury occurred as a result of negligence or malicious intent. This is referred to as an intentional tort under the law. It may include incidents of bullying, where your child was physically harmed by another child. 

If this is the case, the parents of the other child may be liable for the injury, depending on the circumstances leading to the harassment. If the incident happened on school property, you may be able to sue the school as well if it was aware of the bullying but failed to act accordingly to stop it. 

When does negligence come into play? 

When your child is at school, the school assumes responsibility for all of their needs, just like a parent. This essentially means that it is tasked with providing food, shelter, transportation, and a safe environment. If the school fails to maintain adequate standards of care and your child is harmed as a result, then you can claim negligence on the part of the school. 

This type of negligence could manifest in different forms. In the event of a school bus accident, for instance, it could be due to:

  • The school district providing poor training for the driver
  • Negligence by the driver
  • Negligence by the other party involved in the car accident

A playground accident could happen because of: 

  • defective playground equipment
  • inadequate supervision by the teacher

These are just a couple of examples. Accidents can occur in many other ways. It’s always best to consult an attorney if you have questions about a particular event to see if you have a case.

Public or private school? 

Public schools are regarded as government entities under state law. As such, you must follow specific procedures when bringing up an injury claim, depending on your state. When it comes to private schools, there are no particular rules for raising an injury claim. If you have reason to suspect negligence on the part of the organization, you may file a personal injury lawsuit in a civil court.

How to prove negligence

Proving negligent supervision involves four main factors: 

  • Did the supervisor have a duty of care? 
  • Did the supervisor breach that duty? 
  • Was the injury caused by that breach? 
  • Did you incur loss as a result of that injury?  

All four factors must be satisfied before pursuing a claim of negligence.

Any actions leading to physical harm on a child, whether intentionally or accidentally, are prone to a negligence claim. If you need legal counsel on this or other personal injury matters, consult Sutton Law Group today at 305-667-4481. 

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Sutton Law Group

Sutton Law Group is a full-service, multidisciplinary law office serving clients in and around Miami, Florida. Established in 1985, we are trusted legal advisors and advocates in complex and even life-changing legal actions.

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