As every parent knows, parenting can be the most beautiful and rewarding job in the world. Watching your little ones as they grow, smiling when they smile and crying when they cry is incomparable to anything else life has to offer. However, is it also a huge responsibility and it can be, to put it mildly, a very stressful affair. There are no breaks, timeouts, or holidays. In fact, you will usually have your hands full during the holidays trying to keep the kids in line. If anything, you will be relieved when the holidays are over.
Kids simply need to be watched over constantly so as to make sure they don’t get hurt. Knowing that, every time we leave them with someone or send them to school, we cannot help but to be worried, which is quite natural for a parent. Also, the fear, although exaggerated, is by no means unfounded, seeing as kids generally are all thumbs, reckless and full of energy. But what, if any, legal actions can be taken against the school in case a child gets seriously injured while under teachers care?
As a parent, you should first determine the extent of real damage.
Children, especially small ones, are emotionally very fragile and their feelings easily get hurt, but actual physical injuries rarely go past little cuts and bruises. Be aware that a little cut on the finger will bleed a lot, but many times tears will be shed because your kid got frightened from the sight of blood, or just needs comfort and a hug. It is very important not to panic and to remain calm and confident. Don’t let yourself be dragged into the same emotional state, as you will only make things worse that way. Also, try not to lose your temper and swear to strike down those responsible with great vengeance and furious anger, at least not before you find out what actually happened.
Talk to your child calmly and confidently.
That way you will, in time, teach him or her to approach problems in similar manner. Always be aware that kids see and feel every little detail, especially when their feelings are hurt. If you lose your temper and swear to punish the culprits and later find out that, for whatever reason, that course of action is simply not appropriate, you will have no choice but to back down on your word. That is the easiest and quickest way to lose your child’s respect.
If, however, you determine that the injury your kid suffered in school is not just child’s play, so to speak, you should determine the exact circumstances. According to Greg Smith from Smith’s Lawyers, it is very important where exactly the accident happened. You can sue the school if it occurred on the school grounds, or under direct supervision of the school staff outside school. The type of activity your child was engaged in is also very important.
If he/she got hurt while being in conscious violation of the school rules, the school legally cannot be blamed. Another factor is the quality of supervision the kids had at the time. If the child got hurt while doing something clearly dangerous, like jumping over tables or sliding down a banister, you may try to argue that he or she should have been supervised. However, your kid, in all fairness, was doing something clearly dangerous, so you probably will not have much success in court.
In addition, school cannot be held responsible for injuries sustained during sports activities, or in case of a schoolyard fight, unless it was undoubtedly a case of bullying, which accounts for an assault. If both kids took equal part, it doesn’t matter who got the short end of a stick. However, some of these general rules may vary, depending on your local laws.
So, if your child storms in through the door crying, stay calm and try to determine whether a trip to the hospital is in order, and then what exactly happened. If, upon getting the facts, you are still not sure what to do, it is best to search legal advice.
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