Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.
Our Maryland school injury lawyers at Gelb & Gelb have handled many school-related injuries. Negligence exists in every corner of a school, from the playground to the classroom. When a child is injured, no matter their age, it is normal for a parent to rise up in arms and demand satisfaction. In some cases, the child is not seriously injured, and the frustration may be short-lived. But in other cases, a school’s negligence can lead to significant injuries that have longlasting impacts on children. We have handled cases involving children at schools who suffered broken bones, sexual assaults, and more. In these cases, we successfully held the school liable for the child’s injuries. However, these cases are not always clear-cut. For example, if a child gets injured on the playground, there is debate over if the child is contributorily negligent.
In Maryland, a plaintiff is typically barred from recovery if the defense can prove the plaintiff was partially at fault for the injury. Understanding your legal rights and options is crucial in these situations. A dedicated Maryland school injury lawyer can help you navigate this claim. We have successfully argued that the school negligently maintained a playground based on expert testimony that stated the mulch underneath the monkey bars was inadequately maintained. It takes an experienced attorney to make these tricky arguments. But note that hiring an expert witness at trial can be expensive. Thus, the injuries must warrant paying the costs of litigating such a case. Our attorneys will walk you through the process in your free case evaluation so you best understand what course of action to take.
There are countless causes of school injuries. Your kid may be injured due to bullying by another classmate. In these instances, we can prove that the school is liable, but we take it on a case-by-case basis.
Inadequate supervision is the classic cause of action against a school to hold them liable for a student’s injuries. There is a reasonable expectation that your child will be safe at school. You have reason to assume the school will adequately supervise them. Especially if your child is younger, they need close supervision. In tort law, an entity can only be liable for injuries if it knows or should reasonably know of a danger. Here, the school has every reason to expect a younger student to wander and injure themself if they do not closely watch them. When teachers, staff, or volunteers fail to monitor students correctly, the risk of injury from fights, falls, or other accidents increases significantly.
For example, if a fight breaks out at school, should the school have known about it? If it is in a central area, we may be able to argue that it had a duty to anticipate the fight. If a child gets lost for a couple of hours, and the school employees fail to keep track of the young child, we can argue that the school is liable for any injuries that result.
Unsafe school premises are the second most common cause of action that our Maryland school injuries utilize in legal actions against a school. Dangerous school premises may include slippery floors, poorly maintained playground equipment, or unsafe building structures that lead to accidents. Sometimes, this may be as simple as a slip-and-fall case against the school. Of course, it is not quite so simple because you still have to navigate through the red tape of suing a public school district if that is where the injury occurs. In our experience, a slip-and-fall can lead to catastrophic injury, especially for a younger child running through the halls. Poorly maintained playground equipment and unsafe building structures can also lead to injury.
It can be natural to blame a child for some of these injuries due to a presumption that children are carefree and thus not as careful as they should be. However, when a child is sitting at his desk and a chair collapses, this can be scary for the child and cause serious injury. If the child hits their head on the ground, they may suffer a concussion.
School bus accidents can occur due to driver error, poor vehicle maintenance, or hazardous driving conditions. Our Maryland school injury lawyers handle school bus accidents much the same way we handle any other motor vehicle case. However, one issue you may encounter in a school bus accident when your child is on the bus is a lack of adequate coverage covering the school bus. This depends partly on how many people are on the bus and who is at fault between the bus driver and the other vehicle involved in the accident. Your child may be able to make an uninsured or underinsured claim on your policy as their parent if no other coverage is available. Because your child is not at fault for causing the accident, and neither are you, utilizing your policy will not affect your rates.
A Maryland school injury lawyer can help you navigate the red tape that goes along with suing the state. If you have a claim against a private school, there are still specific steps that need to be taken. But, for suing a public school, the typical three-year statute of limitations is adjusted. Remember, states typically make it less enticing to sue them. They write the laws, so they have this ability. This in no way means you should not pursue a claim against a public school if one is available. Rather, it is critical to understand that you must act quickly. You have less time to act in this type of case than in the typical personal injury case. According to the Maryland Tort Claims Act, you have one year to submit, in writing, to the local school district and put them on formal notice of a pending action.
Contact a Maryland school injury lawyer at Gelb & Gelb today for a free consultation. Our phone lines are open 24/7 at (202) 331-7227.
Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.