Who is liable for an accident suffered on school property?
Question Details:My minor child was hit in the face during school while changing in the locker room. Opinions vary as to whether it was an unprovoked punch or an accident. After investigating, the school decided it was the latter. However, my child sustained eye injury impacting her vision which required medical attention. Her vision appears to have cleared, a week later. I inquired with the school as to their liability for the medical expenses and they said (a public school) they have no liability insurance to cover such injuries. I believe either the party casing injury or the school is liable.
The school might be liable IF there was a failure of supervision--e.g. if they knew or should have known there was bad blood, conflicts, threat, etc. between to children and failed to monitor the situation. However, they would not be liable if they did nothing wrong and had no chance to intervene, act, or control--so if child A suddenly punched your child w/little or no warning, there would be no school liability.
The person who injured your child would him/herself be liable--or if a minor, it is his/her parents who would be liable. You could take legal action against that child and his/her parents, if you deem it worthwhile. If there was no permanent sight loss or damage, you'd probably only be able to collect out-of-pocket medical expenses and any other direct, out-of-pocked costs (such as lost wages, for time spent taking your child to medical care).
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