As a parent, watching your child get hurt can be one of the most devastating experiences. If the injury occurred during recess at school, you may be wondering whether you have any legal recourse. In California, the answer to that question depends on the specific circumstances of the injury.
Under California law, schools have a duty to provide a safe environment for students. This includes supervising students during recess. If a school fails to provide adequate supervision, and your child is injured as a result, you may have a valid claim against the school.
For example, if your child was injured due to a lack of supervision, such as a teacher not being present or not paying attention, you may be able to file a claim or lawsuit against the school. Similarly, if the school failed to provide adequate safety equipment or failed to repair broken equipment, you may have a valid claim.
However, it’s important to note that California has a “comparative negligence” law. This means that if your child was partially at fault for the injury, the amount of damages you are awarded will be reduced in proportion to your child’s degree of fault. For example, if your child was not following the rules or was being reckless, the school may argue that your child was partially at fault for the injury, and therefore, you may not receive the full amount of damages you are seeking.
In addition, California law also has a “governmental immunity” statute. This means that in some cases, the school may be immune from liability for injuries that occur on school grounds. This immunity can apply if the injury was due to a dangerous condition on school property, such as a slippery floor or broken equipment. In these cases, you may still be able to recover damages, but the process can be more complicated and may require a different legal strategy.
When deciding whether to file a claim or lawsuit, you must consider the specific circumstances of the injury. Did the school fail to provide adequate supervision or safety equipment? Was your child partially at fault for the injury? What was the extent of your child’s injuries? These are all factors that can impact your decision to file a claim or lawsuit.
It’s also important to act quickly if you believe you have a valid claim. In California, there is a time limit, known as the statute of limitations, for filing a claim or lawsuit. This time limit is typically two years from the date of the injury, but it can vary depending on the specific circumstances of the case.
Finally, it’s wise to consult with an experienced school negligence attorney who can help you understand your rights and options. At Okabe & Haushalter, a Los Angeles school negligence attorney can evaluate the specific circumstances of your case, explain your legal options, and help you make an informed decision about whether to file a claim or lawsuit. For more information, contact us online or call us at 310-430-7799 today.