Who is Responsible if Your Child is Injured at School in St. Petersburg, FL?

June 27, 2024 | Winters & Yonker Personal Injury Lawyers | Personal Injury

Children are vulnerable and need protection – especially at school. Public and private schools both have legal duties to keep their students safe. Safety measures include maintaining safe classrooms and equipment, monitoring student conflict, and reducing the risk of danger to students.

Unfortunately, incidents can happen at school despite all efforts to keep kids safe. Children can get injured on school grounds, and in some of these cases, the school can be held liable for a child’s injuries. Whether a school is held responsible and the amount paid to the student’s family can vary based on the facts involved. An experienced school accident lawyer in St. Petersburg, Florida, can help you pursue the legal options available to you and your family.

Common Types of School Injuries

Children lack the full coordination and awareness that adults have and can be accident-prone as a result. School environments are designed to be safe but can sometimes pose certain dangers.

Common school injuries for children can include:

Playground injuries
Sports injuries (whether through organized sports or physical education classes)
School bus injuries due to accidents or faulty equipment
Injuries on school field trips
Injuries due to excessive discipline by school officials
Injuries due to poorly maintained school facilities.

Any injury to a child should be investigated by the school and the student’s parents. If anything seems out of the ordinary or there is a catastrophic injury, the incident may need to be investigated further for potential legal liability.

A School’s Responsibilities to Students in Florida

Florida law requires educators to take certain measures to keep their classrooms safe. Teachers are allowed to use authority and discipline to maintain order and to protect the safety of their students.

Teachers have the legal authority to:

Establish rules of conduct for the classroom;
Establish and use consequences for bad conduct;
Remove disruptive or disobedient students from the classroom;
Enforce school rules on school property and on school-sponsored activities;
Request assistance in case of emergencies;
Take training to improve classroom management and violence prevention;
Use reasonable force to protect themselves and others from violence.

However, if a teacher or administrator exceeds their authority, students can be harmed. The same is true if a school official ignores their duties and fails to maintain order at school.

Public Schools vs. Private Schools

There are key differences between public and private schools. If your child is injured at a public school, the claim would go against the school as a government entity, which is more complex. Public schools are generally protected by sovereign immunity, which limits their liability when an injury happens on campus.

However, teachers and schools lose this protection when they act negligently or recklessly. Negligence means that a school or its staff failed to act with the reasonable care that another educator would have and that failure led to a student’s injury. Recklessness means an intentional disregard for basic safety measures. A school injury lawyer with a background in this area could help assess whether your child’s school can be found liable for an injury in Florida.

Private schools lack the protection of sovereign immunity since they are essentially private businesses. They can be sued for premises liability or other acts of negligence that any other business owner or employee can be held liable for. Pursuing a personal injury claim against a private school can still be complicated and time-consuming, depending on the situation. Again, a child injury lawyer can help evaluate your full range of legal options when a private school is involved.

A St. Petersburg Personal Injury Lawyer Can Help if Your Child is Injured at School

Suppose your child suffered an unfortunate injury while at school; the school could potentially be responsible for the student’s damages. These can include medical bills and other related costs due to an injury. To learn more about your legal options in Florida, contact an experienced legal team today to schedule a free consultation.

Contact a St. Petersburg Personal Injury Lawyer from Winters & Yonker Personal Injury Lawyers for Help Today

For more information, please contact Winters & Yonker Personal Injury Lawyers to schedule a free consultation with a personal injury lawyer in St. Petersburg today. We have five convenient locations in Florida, including Tampa, Clearwater, St. Petersburg, New Port Richey, and Lakeland.

We proudly serve Hillsborough County, Pinellas County, Pasco County, Polk County, and its surrounding areas:

Winters & Yonker Personal Injury Lawyers – Tampa Office
601 W Swann Ave, Tampa, FL 33606
(813) 223-6200

Winters & Yonker Personal Injury Lawyers – Clearwater Office
600 Bypass Dr Suite 224-D, Clearwater, FL 33764
(727) 493-4418

Winters & Yonker Personal Injury Lawyers – St. Petersburg Office
111 2nd Ave NE Suite 350, St. Petersburg, FL 33701
(727) 314-5988

Winters & Yonker Personal Injury Lawyers – New Port Richey Office
5006 Trouble Creek Rd Unit #200, Port Richey, FL 34652
(727) 910-5060

Winters & Yonker Personal Injury Lawyers – Lakeland Office
1543 Lakeland Hills Blvd Suite 18, Lakeland, FL 33805
(863) 251-6196