School Property Injury – Understanding Who is Responsible

David Monteleone
Illinois Accident and Wrongful Death Lawyer

  Posted  |  Category : School Property Injury

School Property AttorneyYour children spend most of their time at school. They play, eat and carry out several activities that may introduce them to the risk of injuring themselves while at school. Sometimes, they may be injured without a cause and the responsibility can be placed on the shoulders of individuals or institutions. There are two main ways in which your children can suffer a school property injury. Here, we are going to discuss both of such cases.

Intentional Torts

Intentional torts occur when a child receives an injury due to the particular behavior of an individual while present on the school property. The most common school injury can occur as a result of bullying at school. When bullying occurs, and can be proven using evidence, the parents of the responsible child may face the legal consequences.

However, the school can also be held responsible, if you can prove that they allowed conditions to develop that promote bullying or do not allow bullied students to find relief. You can hire a skilled lawyer, who has experience of dealing with school property injury cases. You should take legal help of an attorney in such cases, who can further study and investigate the details of an incident to help you formulate the ideal legal course of action, especially for intentional torts.

Another serious example of an intentional tort in this regard is when the offender is an adult employee of the school. The school becomes fully responsible for the tort in this case, and you should immediately seek legal advice in such cases to help your child. You may be able to receive compensation for both the physical and the emotional damage received.


The school provides all the facilities that children receive at home. They must offer food, transportation, shelter and a safe environment that provides a prospering atmosphere for studying and learning. The principle of the duty of care applies to a school, since they are responsible for keeping your child safe from suffering a school property injury. Negligence becomes an important concept in this situation.

Negligence causes injuries in school, when there is no developed system in place, to avoid accidents during the routine activities. A school is found legally responsible when it does not meet a standard level of care, as shown by other institutes of the same capacity. You can seek advice from an experienced lawyer to help you start legal proceedings, if your child has suffered a school property injury due to the negligence of the school authorities.

Examples of Negligence

Some common negligence examples include accidents with school buses and school playgrounds. If the driver is not properly trained, the blame for the incident will fall on the shoulders of the school. A playground not properly designed or one that contains fall hazards is a lapse of responsibility, and you can ask for the damages if your child is injured. The lack of supervision may also cause an injury, especially if the children are young and need help and supervision in using a particular facility at the school.

Contact Fisk & Monteleone Ltd. today at 815-209-9030 to schedule a free case consultation with one of our experienced attorneys.