School staff members are under a legal responsibility to keep your child and the other students safe during school outings and while on school property. While accidents may happen during a sporting event, a bus ride or extracurricular school activity, negligence that contributed to the incident (on the part of the school or one of its employees) could be cause for litigation.
When it comes to suing a school for negligence, there are certain restrictions in place that may limit options. Schools can be held accountable for injuries that the children suffer, whether physical or emotional, but a school can also be sued under a failure to educate claim. Acts of negligence could include the following situations:
- Unsafe conditions
- Bullying or physical assault
- Sexual abuse or assault
- Wrongful death
- Careless or inadequate supervision
With a failure to educate, the conditions are different. For many of the failure to educate claims, the situations involved individual education plans or IEPs. When a student has unique learning needs, the liabilities of failing to meet parental or student expectations increase. While the law grants parents the right to be consulted, inspect records, disagree with school policies and seek independent evaluation, it creates more opportunities for unsatisfied parents or guardians to file lawsuits to bend the school to the parent’s or child’s will.
Acts of negligence and failure to educate claims are serious concerns with school systems and educators. Insurance coverage can help with the financial liabilities that come from these claims and resulting litigation.