Now that school is back in session, you might be crossing your fingers that you will not get a call telling you that your child has to be taken up early. This usually occurs when a child is unwell, but it can also occur when a youngster has been hurt at school. In this scenario, you could be thinking, Is it possible for instructors to be held accountable for accidents that occur in the classroom?
The answer will rely on whether you can show all four aspects of carelessness using the evidence you have. Keep reading to learn what those elements are. If you believe you have a case, contact Law Offices of Fernando D. Vargas at 909-982-0707 to request a free legal consultation.
1. Duty of Care
People are thought to have a responsibility of care in a civilized society to not act in ways that imperil one another. For example, we have a responsibility not to drive so recklessly that we risk causing an accident. Given that the teacher is the monarch or queen of their own tiny kingdom in the classroom, it is widely considered that instructors owe a duty of care to their pupils to safeguard them from damage that is reasonably foreseeable.
2. Beach of Duty of Care
After the duty of care has been established, we must show that the instructor behaved in a way that violated it, whether via action or inactivity. It is usually essential to prove that a reasonably sensible person would have behaved differently and been able to sustain the duty of care in the same or comparable circumstances when proving a breach of duty.
3. Causation
Next, it must be demonstrated that the breach of duty caused the harm, whether directly or indirectly. The norm of a reasonably prudent individual is applied once again. Obviously, a teacher cannot anticipate or prevent every incident that might result in a child’s damage. While a kid being struck in the head by a randomly falling ceiling tile would not be the teacher’s responsibility, a child running with scissors and stumbling and harming themselves or another student may be the instructor’s fault, especially if the teacher ignored or condoned the activity. After all, any fairly competent individual should have known not to let children go around with scissors in their hands.
4. Damages
Finally, we must prove that the kid was injured and sustained measurable damages. Medical expenses are often quite useful for this purpose. Pain and suffering is usually estimated as a function of medical costs since it is considered that the more expensive an injury is to treat, the more serious it is, the longer it will take to heal, and the more pain and suffering the sufferer would have to endure. Your lawsuit will be difficult to prosecute if your child’s damage does not require medical treatment.
Do you have questions concerning a school injury? If your kid has been gravely wounded in a school accident, call skilled personal injury attorney Law Offices of Fernando D. Vargas at 909-982-0707 right once for guidance on your options for claiming compensation.
