Can a School be Sued for the Injury of a Student?

When sending your child off to school, there is an expectation that their well-being will be prioritized by the school and its faculty.  In loco parentis is the legal standard that holds an educational organization responsible for ensuring the safety of its students.  Therefore, it substitutes school officials to act in place of the minor’s parent.

By delegating guardianship to a school, parents are allowing staff the freedom to parent and take care of their children. Consequently, a child’s injuries resulting from a lack of supervision or proper care can lead to a successful legal claim.

A multitude of examples would qualify for such a claim.  If there has been documentation of bullying in the past, a student’s injuries as a result of further bullying would provide a valid claim.  It should be a school’s top priority to ensure a safe learning space for its students.  Any injury that could have easily been prevented by the school should be further investigated to establish the school’s negligence for the foreseeable circumstance.

If your child has been unlawfully exposed injury or harm, please contact the Licatesi Law Group at 516-227-2662 or email [email protected] to schedule a free consultation.