School negligence cases commonly involve breaches of the professional standard of care that result in playground or other student injuries. Parents, plaintiff and defendant attorneys, schools, and other child-oriented agencies can enlist the student injury expert team at School Liability Expert Group to assist in negligence in sports cases and other school and agency negligence cases. Our expert team can assist plaintiff or defendant attorneys from case inception to resolution, providing consultation, trial and deposition testimonies, and comprehensive reports. We will conduct a case analysis on the professional standard of care and the proximate cause of the student injury in question.
Our experts can help schools and agencies minimize the risks of playground and other student injuries and avoid costly school negligence cases. We will review the safety measures in place, appropriateness and implementation of policies and procedures, staff hiring and supervision protocols, compliance with applicable standards, and overall program administration and management quality. We make recommendations to help schools operate more effectively and reduce the risk of negligence in sports cases. Parents can also work with our student injury expert team to initiate and navigate school negligence cases and find the correct school placement for their child based on our assessment of the school’s past and current child custody issues and special education matters.
Meeting the Professional Standard of Care
The professional standard of care refers to the reasonably expected action that a professional in a similar background and environment would take under the same circumstances to prevent or respond to playground injuries or other student injuries. Schools and campuses must ensure reasonably safe premises for students, employees, and visitors. Let’s explore some examples of negligence in schools, colleges, and other child-oriented agencies that can attract agency or school negligence cases.
College and University Campus Injuries
Colleges may not be held accountable for all student injuries sustained on their campuses, as the student population is over 18, and many accidents occur off campus or are not directly caused by aspects under the university’s control. Some examples that a university or a college may be held liable for include inadequate safety and security policies and safeguards, unmarked hazards, crumbling pavement, broken handrails, broken furniture, bad locks, faulty alarm systems, unsecured buildings, and failure to address known and established risks such as excessive and underage alcohol consumption or high crime rates on campus.
As a student injury expert would note, many incidents involving student injury stem from activities related to Greek life and alcohol culture on campus. If the university administration fails to establish proper rules and oversight of fraternities and sororities on campus, then the university could be found liable for student injuries sustained from activities like hazing, underage drinking, and sexual harassment and assault. Moreover, inadequate policies, procedures, and insufficient supervision and security during campus-sanctioned activities could lead to school negligence cases. Higher education institutions can rely on our student injury expert at the School Liability Expert Group to determine whether their program quality has gaps that could lead to negligence in sports cases or other injury liabilities.
Primary and Secondary School Injuries
School Playground Injuries
In addition to safety issues posed by hazardous and improperly maintained school premises and buildings, playground injuries are prevalent in primary and secondary schools. According to the Children’s Safety Network, well over 200,000 playground-related injuries are treated in an emergency department annually. Examples of negligence in schools that can cause playground injuries and attract school negligence cases include failure to plan correctly, failure to provide appropriate levels of supervision of students, failure to ensure that staff are adequately trained to ensure student safety on school playgrounds, poorly maintained or defective playground equipment, or a lack of response to bullying and harassment taking place.
School Sports Injuries
While school sports bear an inherent risk of injury, proper safety, supervision, and prevention practices as part of the established professional standard of care can significantly reduce the risk of student injuries and negligence in sports cases. Coaches and other school staff tasked with supervising school sports must take reasonable precautions to properly plan athletic activities and supervise students to keep them safe. Like on-campus facilities, sports premises and equipment must be regularly inspected and well-maintained, and faulty athletic equipment should be immediately replaced or removed. Additionally, school athletic and recreational programs must comply with concussion prevention and response protocols. Student injury in school sports can also stem from bullying or harassment, as interscholastic competitions can invoke these negative behaviors in students. School negligence cases, in this situation, can stem from a coach or other supervisor purposefully paying no heed to bullying, harassment, hazing, and fights among students.
School Bus Transportation Injuries
Any school or educational institution may be held liable for student injuries sustained on their school transportation system, depending on the direct cause of the injury, for example, if a student becomes injured directly because of a broken seat belt or reckless driving by a campus employee, the institution may find itself wrapped up in school negligence cases. Other examples of school negligence in schools in this scenario include inadequate bus maintenance, failure to hire qualified and safe bus drivers, allowing students to be transported in personal vehicles instead of providing chartered transportation for school-sponsored trips and activities, and failure to accommodate and provide additional supervision and training of staff transporting and supervising students with disabilities. In school negligence cases, a student injury expert will be able to determine if the school may be held liable for any breaches of the professional standard of care, including negligent hiring, training, and supervision of school bus drivers and other personnel.
Other Agencies
The standard of care owed to children when away from their parents’ supervision is not limited to educational institutions. Other agencies charged with child supervision, such as daycares and summer camps, are also expected to maintain a professional standard of care to prevent playground injuries and other liability issues. Given the activities available at summer camps, camp administrators must uphold sufficient risk management procedures to avoid liability in negligence cases. For example, if a camp offers swimming activities, they could be held liable for student injuries if the lifeguard did not adequately perform their job duties and the camp did not properly supervise the lifeguard.
