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School and Daycare Accidents and Injuries
While no parent wants to think about it, millions of children are injured every year while at school or daycare. That high number is really not surprising when you consider that children spend more of their waking hours at school than they do at home. When these injuries occur, parents often wonder who is responsible, and what they can do to get compensation for those injuries.
Dangers at School and Daycare
From the time they leave home in the morning to the time they get back in the afternoon, there are a number of things that can injure a child. Some of the most common dangers are:
- Crosswalk accidents
- Playground accidents
- School bus accidents
- Classroom accidents, particularly in gym or physical education
- Shaken baby syndrome
- Sexual abuse
- Assault
- Defective products, such as playground or sports equipment, and tainted food
Resulting injuries can cause permanent physical and psychological damage to a child, and result in financial and emotional hardships for the parents.
Liability in School and Daycare Accidents
Parents may want to file a lawsuit against a school or daycare after their child sustains an injury while in the school’s care, but they may not always be able to do so.
To have an eligible lawsuit, the parents have to be able to prove that the school or daycare was negligent. A school or individual staff member may be negligent if they did not provide proper supervision, or if they knew that a child was being bullied or assaulted by another student but didn’t stop it.
But Washington courts also recognize that kids will be kids, and they are likely to experience accidents at school. Because of this, if the child was simply playing on the playground and fell off a swing, and there was adequate supervision, the courts would not likely find the school negligent.
In the case of accidents at daycares, if the court found that the daycare was not licensed, it could be found negligent even if that negligence didn’t directly cause the accident. In Washington, all daycare facilities need to be licensed, and if they are not, one could argue that the accident should have never happened because the daycare should never have been open!
Filing a personal injury lawsuit after a child sustains an injury at a school or daycare can be very complicated. Because public schools are government entities, there are very strict timelines and conditions on how and when the school can be sued. If your child has been injured while at school or daycare, contact the experienced Seattle child injury attorneys at Hardwick & Pendergast, P.S. Dial (888) 228-3860 for a free consultation.
Additional Information
- Most Common Types of Personal Injuries Suffered by Seattle Children
- Top Back to School Safety Tips for Drivers
- High School Basketball Team Involved in Bus Crash
- Why Do Seattle Child Pedestrian Accidents Happen?
- Washington State Department of Children, Youth, and Families
- Education Laws in Washington State
- School Health and Safety Publications - Washington State Department of Health
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