Maison Law represents students injured in the classroom in California. If your child has suffered injuries in the classroom due to a hazardous condition or careless act, then Maison Law can help.
We advocate on behalf of injured students to ensure they are compensated for medical bills, missed time at school, and mental trauma after suffering an injury at school. Parents seeking justice on behalf of their child should contact Maison Law today for a no-cost, no-obligation consultation to discuss their legal options.
How Maison Law Helps Students Injured in a California Classroom
If a student suffers an injury in the classroom due to a hazardous condition, it will most likely be considered a premises liability. If an individual, company, or government entity fails to exercise reasonable care over their property, such as a classroom, and someone gets injured, they can be held liable for premises liability damages according to California’s Civil Code 1714(a), which states:
“Everyone is responsible, not only for the result of his or her willful acts but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary car, brought the injury upon himself or herself.”
At Maison Law, if your child has been injured due to an unsafe school environment, then we will take the following steps to pursue fair compensation on behalf of you and your child:
- Increase your initial settlement by letting the insurance adjuster know you intend to invoke your right to fair compensation and engage in settlement negotiations
- Make you aware of the compensation you are owed to treat your injuries, make a full recovery, and cover future potential damages
- Help you understand what your case is worth based on the details of your case
- Build a case by gathering evidence such as:
- Proof of the damages your child has suffered
- Evidence that a person, or the school, was liable for your injuries
- Evidence that the accident was in no way you or your child’s fault, nor could they have done anything to prevent it
- File a claim in court if a settlement cannot be reached, and present your child’s case in front of a jury
Who Can File a Claim for Children Injured at California Schools?
The potential for serious injury, trauma, and life-altering accidents is much higher for children than for adults. Also, children are far more susceptible to serious and long-term injuries as their bodies are not as fully developed. For these reasons, it is critical to receive fair compensation for a child if they suffer injuries at school. At Maison Law, we can help you take the first steps by filing a lawsuit on your child’s behalf. But when a minor is involved, a common question is who can file a claim?
In California, a minor is considered anyone under the age of 18. Minors are not allowed to file a personal injury lawsuit. However, they are still entitled to financial compensation for damages when caused by a school, or another party.
In order for a minor to recover compensation, an adult or legal guardian must file the lawsuit on their behalf. The adult, not the child, will have to show how the other party was responsible for their child’s injuries. However, if the adult does not want to file a lawsuit, then they can wait until their child is 18. This is covered under California’s Statute of Limitations Law.
Statute of Limitations for Children Injured at California Schools
A child’s injury case falls under personal injury law. So, much like all personal injury cases, the victim of the injury has two years from the date of the incident to file a personal injury claim. The two-year statute of limitation is covered in California Civil Code 335.1, which states:
“Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
However, if the victim was a minor, the statute of limitations will be withheld until the minor turns 18. Once the child turns 18, the two-year statute of limitations will start.
Proving Premises Liability In a California School Classroom
If you file a premises liability lawsuit against a school on behalf of your child, you will be considered the plaintiff, and the school would be considered the defendant. To recover damages from the defendant, you must establish the following:
- The defendant owned, leased, or controlled the property
- The defendant was careless and did not maintain the property in a safe manner
- Your child was harmed by slipping or falling on the property
- The defendant’s careless action or hazardous conditions caused you harm
In a premises liability case, a property owner is considered careless when they:
- Allow a hazardous condition to exist on their property
- Knew, through the exercise of reasonable care, that this condition existed
- Fail to repair the hazard, or warn others about the condition
Types of California School Classroom Injuries
Injuries in a classroom are possible at any time a child is present. Children are walking in and out of classrooms every day, so if a hazardous condition is left unrepaired or a teacher is inattentive to students who may cause harm to other students, then an injury is bound to happen. According to a study by Princeton University, roughly 10% to 25% of injuries to school-aged children occur on school property. The most common injuries students suffer include:
- Bruises
- Minor cuts
- Broken bones
- Choking
- Sprains
- Student-on-Student Violence
How Common Are School Injuries?
According to the Consumer Safety Commission’s (CPSC) National Electronic Injury Surveillance System, over 175,000 school injuries have resulted in a visit to the emergency room over the past ten years. The study also revealed that school injuries tend to occur more frequently during the first few months of the school year as everyone is adapting to new routines, bus routes, and joining sports teams.
What is a California School Classroom Injury Worth?
The value of a student injury claim varies widely from case to case. The amount of compensation your child can receive after a classroom injury will be largely dependent on the financial value of their losses. For example, if their injury required extensive treatment and a serious alteration to their life, then the value of your child’s case will most likely be relatively high. Here is a list of factors that may contribute to the value of your child’s injury claim:
- The severity of your child’s injury
- The cost of your child’s medical treatment to date
- Any special needs created by the injury
- Whether your child requires ongoing medical care, rehabilitation, or therapy
- The expected long-term impact and recovery time
- Your child’s educational prospects and earnings after the accident
- Changes to your family’s quality of life post-accident
Contact a California School Classroom Injury Lawyer
If your child has sustained injuries due to a premises liability or a careless act in a school classroom in California, Maison Law is here to get you the maximum compensation for the damage done to your child’s life. A common mistake parents make is underestimating the long-term effect a school injury can have on a child’s life.
That’s why we help parents obtain compensation to cover all scenarios their child may face after a serious injury at school. Don’t wait until it’s too late to take legal action and protect your child’s future. Contact Maison Law today for a free consultation and case evaluation.
