Posted on behalf of Henness & Haight on Oct 22, 2015 in Slip & Fall News
It's quite common for children, teachers, staff, and volunteers to get injured on school grounds. In fact, a Center for Disease Control and Prevention (CDC) study showed that over 3/4 of children in elementary schools that visit the nurse, do so because of injuries on school grounds. While accidents happen, when the injury is caused by unsafe conditions or the negligence or actions of staff or students, premises liability laws can come into play. Here's an overview of how premises law applies to any Nevada school accident.
Like any facility, schools have a responsibility to keep and maintain a safe environment for students. Schools are assumed to be acting in the place of the parent while children are at school or in the school's care. This means that they have a duty of care to make sure that there are no conditions favorable to foreseeable injuries.
Such conditions would include playground equipment that isn't kept in proper care, electrical dangers, slippery floors due to leaks or spills, unsanitary cafeterias or bathrooms, and the presence of mold, asbestos or other toxic materials, among other issues. If the school does not maintain proper care of its facilities, it can be liable for accidents resulting from that lack of care.
Schools are required to keep students safe from the negligent or deliberate actions of others. This means that schools must have staff present to supervise and chaperone students. Such staff includes hall monitors, crossing guards, bus drivers, playground monitors and teachers, as well as administration and security guards.
Proper background checks and security clearances are also vital to this process. If the school is shown to be exposing students to adults who are potentially dangerous, they can be held liable for this exposure.
Premises liability means that the owner or keeper of a facility is responsible for maintaining conditions that any reasonable person would view as safe. They must actively work to prevent any foreseeable Nevada school accident based on dangers in the facility itself or due to the action or inaction of another.
For example, if there are holes or uneven ground in the schoolyard, the institution is responsible for making sure they are repaired so a child doesn't fall and get hurt. Likewise, if two children get into a heated argument, it is the responsibility of a monitor to step in and stop the altercation before it becomes physical. An experienced premises liability lawyer will be able to take a closer look at your case and determine your next steps.
There are a lot of complex factors to consider with premises liability. If your child has been injured due to a Nevada school accident and you think it could've been avoided, you should secure the services of a qualified personal injury attorney. Only an attorney can help you navigate these murky waters and ensure that you get the compensation you deserve to treat your child's injuries, get them recovered and make sure the dangerous conditions are corrected.
Has your child been hurt at school due to negligence? If so, don't be afraid to contact our team of personal injury lawyers for a free consultation about your case today.