Can You Sue the School if Your Child Gets Hurt in Indiana?

When we send our kids to school for the day, we expect that the school and adults present will provide a safe and nurturing environment for our children. We entrust their safety to people who are expected to be professionals trained to educate, nurture, and care for youngsters. Indiana law recognizes the doctrine of “in loco parentis,” meaning “in the place of a parent.” As applied to schools, the doctrine places the same duty of care that a parent owes to a child upon the school while the child is at school. As a result, if your child gets injured through a school’s neglect, you may be able to recover damages through an Indiana negligence lawsuit.

Injuries that a child could sustain while at school that may be actionable include:

If your child has been injured in a school incident, you should consult with an experienced Indianapolis personal injury attorney. Because of the complicated legal issues that arise in suing school districts, you should make sure that you retain an Indiana personal injury attorney who has experience handling negligent supervision cases against schools or teachers.

Injured on the School Bus

For example, according to a report published by ABC affiliate RTV6, a local student and his brother are suing another boy he alleges bullied him, the boy’s mother, and the Franklin Township Community School Corporation. The lawsuit alleges that the plaintiff, Caleb Jones, was beaten on a school bus, resulting in “personal injuries, pain and suffering, permanent injuries, scarring, emotional injuries and future pain and suffering," according to the complaint. The school corporation is implicated because Jones alleges that the bus driver was not properly trained in how to deal with students assaulting other students. Reports indicate that the beating was captured on a cell phone video, and when the bus driver appears on the video, he verbally admonishes the boys before walking away. The incident resulted in doctors placing three staples in Jones’ head when he was being treated for his injuries. Our South Bend, IN car accident lawyer could help you to gather evidence for your case.

Sometimes we dismiss these sort of incidents as “kids being kids.” Sure, kids are sometimes prone to bullying and some kids are even prone to violent behavior. But isn’t this exactly why education professionals need to be properly trained to prevent these sort of incidents from happening? The Indiana courts think so.

Schools and school employees are responsible for their students’ safety while they are at school and during school-sponsored events. Children who are injured while at school may be entitled to compensation if the school or its agents were negligent in supervising their students. After a school-related injury, it is important to contact the school and document as much information about the incident as possible. If warranted, you should also contact local law enforcement to determine whether a crime was committed. If so, a criminal conviction may make it easier to establish civil liability for any injuries sustained. Anyone considering legal action against a school, teacher, or other party responsible for the care of children should contact an experienced Hammond personal injury attorney. An attorney will be able to help you determine whether you have a claim, and if you do, who you may be able to sue.

The bottom line is that bullying, school violence, and an unnecessarily dangerous school environment is unacceptable for our kids and we should all work to stop it. Contact our Milwaukee Car accident lawyer for a free consultation