Schools are required by law to provide children with a safe learning environment. School districts, administrators, teachers, and other school staff have an obligation to protect your child from harm whenever possible if your child was injured while at school, you may be entitled to pursue legal action depending on the circumstances of their injury.
The Lovely Law Firm is honored to represent clients in Myrtle Beach and surrounding areas that have sustained injuries due to someone else’s negligence, such as school injuries. All our attorneys and our staff of paralegals are fully committed to supporting each client as if they were assisting a family member. When your child has suffered a serious injury you want to do all that you can to take care of them. Contact our Myrtle Beach law office to set up a free case evaluation to discuss your child’s school ground accident.
Common Types of School Injuries
The most common types of school injuries occur because of predatory or negligent behavior by school personnel, unsafe premises, and overall lack of supervision. There are a number of ways that your child could sustain a serious injury while attending school. Some of the most common ways include:
1. Slip and Fall Accidents – With kids running around going in out for recess or trying to get to class, slip and fall accidents are quite common. If a student spills a drink, tracks in mud or water from outside on a rainy day, or if there’s a plumbing mishap in the bathroom it can be quite easy for a child to slip, trip, and fall, leading to injuries such as fractures, sprains, or head injuries.
2. Playground Injuries – Getting outdoors for fresh air and exercise during recess is an important part of a child’s education, but playground equipment can, unfortunately, lead to injuries when students have a fall, collide with other students, or if the equipment malfunctions in some way it can result in injuries like broken bones, concussions, or lacerations. Teachers and playground supervisors are responsible for making sure that children are being properly monitored while using playground equipment.
3. Sports-Related Injuries – Injuries during physical education classes or organized sports activities at a school can include sprains, strains, fractures, or more severe injuries like head trauma or spinal cord injuries. See more on this subject below.
4. Bus Accidents – School buses are meant to safely take our children to and from school, unfortunately school accidents are quite common. It could be due to a collision, driver negligence, or mechanical failures. All of these can cause injuries to students, such as whiplash, head injuries, or broken bones.
5. Bullying-Related Injuries – Physical altercations or assaults between students can lead to injuries such as bruises, cuts, or emotional distress. Schools are responsible for dealing with any bullying situations promptly, doing what they must to ensure the safety of your child, and negligence on their part can potentially result in legal action against the school. See more on this subject below.
6. School Violence – Unfortunately, there has been a rise in incidents of school violence over the last few decades, including shootings, stabbings, or physical attacks. These incidents can cause severe injuries, fatalities, and serious emotional distress, leading to lawsuits against the school for inadequate security measures or failure to address warning signs.
7. Negligent Supervision – Teachers and other school staff are responsible for keeping an eye on students. Injuries resulting from lack of proper supervision, such as students getting injured during unauthorized activities or leaving school premises without permission, may prompt legal action based on claims of negligent supervision by school staff.
8. Defective Equipment or Facilities – It is the school board and administration’s job to make sure school equipment is properly maintained. Injuries caused by faulty equipment, unsafe facilities, or hazardous conditions in classrooms, gymnasiums, or other areas of the school can result in lawsuits against the school district or responsible parties for negligence or premises liability.
9. Food-Related Injuries – Many schools have policies in place to protect students who suffer from serious food allergies. When there is a lack of proper supervision leads to allergic reactions, food poisoning, or injuries caused by contaminated or improperly prepared food served in school cafeterias, it can lead to legal claims against the school or food service providers.
10. Chemical Exposure – Accidental exposure to hazardous chemicals or substances in science labs or other areas of the school can result in injuries such as burns, respiratory problems, or other health issues, potentially leading to lawsuits based on negligence or unsafe conditions.
What Is The Legal Responsibility of Schools Near You in South Carolina?
South Carolina law imposes a duty of care on schools to take reasonable measures to ensure the safety of students while under their supervision. While schools cannot prevent every accident or injury, they may be held legally responsible for student injuries under certain circumstances, including:
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- Negligence: Schools have a duty to maintain safe premises and equipment, provide adequate supervision, and respond promptly to known hazards. If a school fails to fulfill this duty and a student is injured as a result, the school may be held liable for negligence.
- Failure to Supervise: Schools are responsible for providing adequate supervision to students during school hours and school-sponsored activities. If a student is injured due to inadequate supervision or lack of intervention by school staff, the school may be held responsible.
- Unsafe Conditions: Schools must ensure that facilities, equipment, and premises are in a safe condition for student use. If a student is injured due to unsafe conditions, such as broken equipment, hazardous materials, or poorly maintained premises, the school may be held liable.
South Carolina Student-Athlete Injury Claims Near You
Participation in sports offers numerous benefits, including physical fitness, teamwork, and character development. However, sports also carry inherent risks of injury, ranging from minor sprains to more severe injuries like concussions and fractures. It’s essential for athletes, coaches, and administrators to prioritize safety and take appropriate measures to mitigate injury risks. When a student is injured while participating in school athletics, the school, coaches, or teachers could be liable for damages if they did not exercise the proper duty of care.
Although there is an assumption of risk when students participate in school athletics, there are some sports injuries that you can sue over. When it can be shown that the was some form of negligence on the part of the coaches or school, some of the types of injuries that could leave a school liable for a personal injury claim include:
1. Impact Injuries – Students that play contact sports like football, basketball, or soccer should be prepared that an injury is very likely. A school can become legally liable, however, if the injury is far worse than it should have been, requiring significant medical treatment.
2. Overuse Injuries – Coaches are required to monitor student athletes to make sure that they are not over-exerting themselves to the point of injury. If a coach pushes for excessive training, it may lead to injuries such as stress fractures, tendonitis, or muscle strains in student athletes.
3. Improper Technique – Students rely on their coaches to show them the correct way to play a particular sport. If there is negligence on the part of the coaches to teach proper technique, it can increase the risk of injuries, including muscle strains, ligament sprains, or joint dislocations.
4. Equipment Malfunction – Malfunctioning or improperly fitted sports equipment, such as helmets, pads, or shoes, can contribute to injuries like head trauma, fractures, or blisters. In the event of an equipment malfunction, a school can be liable for not taking care of repairs in a timely manner, or is some instances the equipment manufacturer could be liable.
5. Poor Playing Conditions – Although students should be prepared to play in most types of weather, in certain circumstances playing conditions could become too adverse to safely use. When this is the case, it is up to the school and coaches to cancel games or practices for the sake of the safety of the students.
6. Lack of Protective Gear – Students are responsible to make sure they use all provided protective gear, such as mouthguards, helmets, or padding. Coaches need to monitor students to make sure that they are in fact using proper equipment, if they are negligent to make sure students have all they need to participate in the sport they could be found liable for any injuries sustained.
When Can Schools Be Legally Responsible for Student-Athlete Injuries?
While sports-related injuries are common, not all injuries result in legal liability for schools. However, schools may be held legally responsible for student-athlete injuries under certain circumstances, including:
- Negligence: Schools have a duty to provide a safe environment for student-athletes. If a school fails to take reasonable precautions to prevent injuries or knowingly exposes athletes to unreasonable risks, they may be held liable for negligence.
- Inadequate Supervision: Schools must provide adequate supervision during athletic activities to ensure the safety of student-athletes. Failure to supervise practices, games, or training sessions may result in legal liability for injuries that occur as a result of inadequate supervision.
- Failure to Provide Proper Equipment: Schools are responsible for providing appropriate and well-maintained sports equipment. If a student-athlete is injured due to the school’s failure to provide proper equipment or ensure its safety, the school may be held liable.
- Failure to Provide Proper Training or Coaching: Coaches and athletic staff have a duty to provide proper training, instruction, and supervision to student-athletes. If a student-athlete is injured due to inadequate coaching or training, the school may be held responsible.
What About The Student-Athlete Waivers You Sign In South Carolina?
Schools require students who participate in school sports to sign waivers acknowledging the risk that they are assuming by playing a sport and an understanding that injuries can occur. As such, when an accident happens and a student does get seriously injured, parents often feel that they have no legal recourse because of the waiver they have signed. More often than not, these waivers can quickly be picked apart by a good personal injury lawyer. If your child has suffered a serious injury while participating in a school sport, we encourage you to contact our office of Student-Athlete Injury Claims Attorneys to arrange a complimentary case evaluation.
Can I Sue the School if My Child Was Bullied?
One of the worst feelings in the world as a parent is that your child is being bullied, especially if it is happening at their school. Teachers and school administrators are meant to protect children while they are in their care, and this includes from other students that might be picking on them.
School districts are required to have anti-bullying policies in place to protect students and can be found liable if it is found the school was somehow negligent in making sure the policies were correctly followed. You may be able to sue a school for bullying if any of the following occurred:
- The school district failed to provide adequate protection against bullying for all of its students.
- Teachers, or other school staff, witnessed the bullying and failed to stop it.
- The bullying was prompted by a school personnel’s comments or actions.
Types of Bullying
Unfortunately, there are many ways in which your child could be bullied while at school, including:
- Physical Bullying – This includes any form of physical aggression or violence, such as hitting, kicking, punching, or pushing, which can cause bodily harm and lead to legal action.
- Verbal Bullying – When a student uses hurtful or demeaning language against another, including insults, threats, teasing, name-calling, or spreading rumors, which can result in emotional distress.
- Cyberbullying – In our modern age when so much of the world is online, cyberbullying occurs through social media platforms, text messages, emails, or other online forums, where individuals are harassed, intimidated, or humiliated.
- Sexual Bullying – This involves unwanted or inappropriate sexual comments, gestures, advances, or harassment, including sexual rumors, explicit messages, or unwanted touching.
- Social Bullying – Also known as relational or emotional bullying, this type of bullying involves excluding, isolating, or manipulating individuals within social circles, spreading gossip, or ruining reputations.
- Sexual Orientation Bullying – When a student is targeted based on their sexual orientation or gender identity. This can include homophobic or transphobic remarks, harassment, or physical violence.
- Religious Bullying – Harassing individuals based on their religious beliefs or practices, including mocking, ridiculing, or discriminating against them for their faith.
- Racial Bullying – When a student is bullied based on their race, ethnicity, or cultural background, including racial slurs, discriminatory remarks, or acts of prejudice. This type of bullying leaves a school liable if the bullying violates federal regulations and can open them up to a lawsuit under Title VI of the federal Civil Rights Act.
- Disability Bullying – Similar to racial bullying, disability bullying can lead to a claim filed under the Americans with Disabilities Act, when bullying involves harassing students with physical, intellectual, or developmental disabilities, including mocking, teasing, or excluding them based on their disability.
When filing a lawsuit against a school for bullying, there is a burden of proof that must be shown. If your child has suffered in school due to bullying for whatever reason, we urge you to reach out to our law office in Myrtle Beach. Our team of compassionate and friendly staff will do all we can to make sure you get the justice your family deserves.
Contact A South Carolina School Injury Lawyer Near Myrtle Beach
You trust your child’s school with their well-being, and when that trust is broken and your child suffers a serious injury, you need someone on your side to represent you. No matter whether your child has been injured in the classroom or the playground, playing an after-school sport, or has been bullied, we can help.
The Lovely Law Firm represents clients in Myrtle Beach and surrounding areas that have sustained injuries at school due to the negligence of teachers or other school staff. All our attorneys and our staff of paralegals are fully committed to supporting each client as if they were assisting a family member. When your child has suffered a serious injury, you want to do all that you can to take care of them. Contact our Myrtle Beach law office to set up a free case evaluation to discuss your child’s school ground accident.
What Our Clients Have to Say about The Lovely Law Firm on Google
The Lovely Law firm was outstanding and very professional, responsive and prompt with keeping in touch as my case moved through the court system. I would highly recommend them. They exceeded my expectations. Attorneys Amy Lawrence, Sharde Crawford and Shavona Chestnut were excellent. A group effort. Would definitely use them again. Ted L.
Ted Little
March, 2024
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We’re proud of our team’s hard work, resulting in a 4.9 out of 5 rating on Google.
