You trust your child’s school to keep them safe during school and extracurricular activities. One of the worst calls a parent can receive from a school is that their child has suffered an injury.
Fortunately, you have legal rights whether your child was hurt on the school bus, in the classroom, or on the playground or sports field. In Nevada, injuries that result from the negligent or wrongful actions of a school, its employees, or anyone under the district’s supervision can provide the basis for a legal claim.
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Common Causes of School Injuries
Each day, students participate in activities that could result in an injury for which the school district may be liable. Your child could get injured at school in the following ways:
Bus Crash
Shockingly, the Clark County School District (CCSD) averaged about 40 bus crashes per month during the 2023 to 2024 school year alone. These crashes injured bus drivers, motorists, pedestrians, and student passengers. When a bus driver drives negligently, the district bears liability for any resulting injuries.
Pedestrian Accident
Once the child reaches school property, the school must take reasonable steps to prevent drivers from injuring your child. Hurt children and their families might have a claim if the school knows of a hazardous pedestrian crossing but fails to do anything about it.
Slip or Trip and Fall Accident
Children can suffer tripping or falling accidents in schools, particularly if the premises are unmaintained. Some causes of slips and trips for which a school may bear liability include the following:
- Loose carpet
- Slick surfaces from leaks or spills
- Objects in walkways
- Burned-out lights
- Parking lot potholes
- Sprinklers on sports fields
School districts may be liable when they fail to fix or warn students about the hazard.
Sports Accident
Sports injuries happen. However, many of these injuries can be prevented. If the school fails to take reasonable steps to prevent sports injuries, it may be held responsible under Nevada law.
For example, the school might fail to provide safety equipment, or its facilities or equipment might need repairs. A staff member might even respond improperly to an injury, making it worse. In either case, your child may have a valid personal injury claim.
Accident on School Grounds
Injuries can happen in classrooms, hallways, lunchrooms, bathrooms, and other locations on school property. Science demonstrations and experiments can go wrong, and classroom pets can bite.
The district may even be liable for negligent security and supervision if a student or staff member deliberately or accidentally injures your child.
What Should I Do If My Child Is Injured at School?
School districts have procedures for school-related injuries. For instance, if your child goes to the school health office, the office will enter the information about the injury into the district’s computer system. If your child did not see the school nurse, the school is supposed to file a report with the district.
The first concern should be your child’s health. Take your child to receive the appropriate level of medical care. Call an ambulance or head to the hospital if they need emergency treatment. For non-emergency injuries, consider going to an urgent care clinic or making an appointment with your child’s doctor.
Based on your child’s explanation of what happened, you should consider contacting our personal injury attorneys in Las Vegas, NV. While the school staff is supposed to investigate the accident to gather information and evidence, our attorneys can conduct an independent investigation and press the school to keep you in the loop.
What Is the Process for Filing a Lawsuit If My Child Is Injured at School?
In many situations, a lawsuit might not be necessary. CCSD self-insures against general liabilities. This means it maintains a fund to pay claims for student injuries. It also administers this fund the same way an insurer would.
After a student injury, you and your lawyer can file a claim with CCSD. The claim will explain what happened and include evidence establishing the school’s liability. Generally, your attorney must prove the school failed to uphold its duty of care to keep your child reasonably safe.
Your claim may include the following evidence:
- Medical records
- Photos of the injuries and accident scene
- Witness statements
Based on this evidence, CCSD’s risk management division will decide whether to accept or deny the claim. If it accepts the claim, we can negotiate a fair settlement to cover your economic losses and your child’s non-economic losses like pain and suffering. If it denies the claim, you can authorize us to prepare and file a lawsuit against CCSD.
When Should I Consider Filing a Claim for a Child Injured at School?
You have several considerations when deciding whether to pursue legal action against a school district. The first is fairness. If the school, district, and school staff caused your child’s injury, fairness dictates that they pay the costs of that injury. It would be unjust for all of those costs to fall on you.
Second, an injury can cause long-term health problems. You may need to pursue child-injured-at-school compensation to safeguard their future. For example, if your child suffers a brain injury in a pedestrian accident on school grounds, they may need medical treatment and therapy for the rest of their life.
Finally, it’s important to consider other children. If the district is not held responsible for your child’s injury, other children could suffer similar injuries.
Consult Our Seasoned Personal Injury Lawyers Today
A school injury can affect your child and your family for years to come. To protect your rights and your family’s future, it’s vital to consult our experienced personal injury team. We can evaluate the details of your case and provide key insight into your next steps.
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Adam S. Kutner
PERSONAL INJURY LAWYER
With more than 33 years of experience fighting for victims of personal injury in the Las Vegas Valley, attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.