Maison Law represents parents of children injured on school playgrounds in California. Although California schools are generally safe places for your kids, school injuries most often occur on the playground. If your child was injured on a school playground due to improper maintenance or lack of supervision by teachers or school staff, then Maison Law can provide you with legal representation to get the compensation you need.

Is the School Responsible for My Child’s Playground Injury?

A school can be found liable for playground injuries if they were aware of a safety hazard, such as a damaged slide or an uncovered hole on the grounds where children usually play, and failed to repair the issue. This would be considered a premises liability. In addition, if the school failed to warn teachers, parents, or children of the danger, then they can also be found liable for negligence.

To bring a lawsuit against a school for a premises liability or negligence, it is recommended to consult with one of our Personal Injury Attorneys to understand the proper legal course of action and the value of filing a lawsuit.

How Maison Law Helps Children Injured at School

At Maison Law, we have years of legal experience advocating on behalf of children injured at school. Whether your child was injured at a public or private school, we can help guide you through the process toward receving immediate medical care and financial compensation to cover full extent of the following damages:

Present and future medical expenses
Loss of income, as well as the reduction in your earning capacity, if you’ve had to take time off work due to your child’s injuries
Cost of making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper if necessary
Property damage
Pain and suffering caused by the accident
Stress and anxiety due to the nature of the accident
Your family and your child’s mental state after a life-changing accident

Do I Need to Hire a Lawyer?

If your child’s school playground injuries are minor, an attorney may not be necessary. However, it is recommended to consult with a doctor instead of making this diagnosis yourself. Certain injuries can seem non-existent before becoming a major issue later.

If your child has sustained serious injuries that have altered their day-to-day life, it is advisable to discuss your options with one of our Personal Injury Attorneys. By discussing your case with us, we can help you understand what type of case you have, but, depending on the details of the incident, a playground injury will generally fall into one or all three categories:

Premise liability claim: This claim can be filed when a property owner allowed a dangerous condition to exist on their property, which they could have fixed, warned about or protected others from being harmed.
Product liability claim: This claim can be filed when a product is defective. For example, a slide collapses on a child because it was manufactured incorrectly.
Negligence claim: This claim can be filed when someone’s careless behavior is the direct cause of an injury.

What If I Signed a Liability Waiver with the School?

Some schools may require you to sign a liability waiver before your child can participate at recess or play sports at the school. By signing, you may believe you do not have a legal case against the school. However, that is not always the case. The waiver can be invalidated if:

The school violates California or federal law
The terms of the contract are unethical or morally wrong
The school used fraud or misrepresentation to get you to sign the waiver
You signed the contract under duress

In California, liability waivers can also be voided if the injury was a direct result of “gross” negligence, or recklessness. This means that a situation could have easily been prevented, but the school knowingly allowed it to happen.

What is a Minor’s Compromise?

A Minor’s Compromise is a common practice in California when representing a minor in a personal injury lawsuit. It is when an adult executes a settlement agreement on a minor’s behalf. Since people under 18 are not allowed to enter into contracts, an adult can act on their behalf and ensure their rights are protected.

The minor injury claim process is overseen by California Probate Code Sections 2504.9, 3500.91, 3600.92, and California Code of Civil Procedure Section 372.93 for these reasons:

To appoint a guardian
To provide access to the settlement amount
To ensure that all money is received by the time the minor has reached adulthood
To ensure a fair settlement for the minor

What is the Typical Compensation for a Child Injured on a School Playground in California?

When it comes to injuries involving your child, it is difficult to determine the exact amount you will be compensated. However, the more severe the injuries your child sustained, the higher the settlement amount tends to be.

When it comes to a child’s compensation, it involves a more forward-looking approach, depending on how far they are from adulthood. Damage done to a child’s development can be significant when serious injury is involved. So, in a legal scenario, a child’s personal injury compensation should address:

Present and future medical expenses
Ongoing care
Potential loss of earnings going into adulthood
Psychological therapy to cope with a life-altering accident
Pain and suffering

FAQs

Q: Can I gain access to my child’s settlement?

A: In California, parents are usually blocked from accessing settlement amounts above $5000. However, the parent can petition for access to the money and are usually only granted permission if the money is going to be used in the best interest of the child.

Q: When is it too late to file a personal injury lawsuit on behalf of my child?

A: The statute of limitations for personal injuries in California is two years from the day of the injury. In the case of a child, that statute does not begin until they turn 18 years old, then they will have two years to file a personal injury lawsuit.

Q: What should I do if I am contacted by the school or their insurance?

A: Decline to speak with them. They will try to get you to say something to justify a denied insurance claim.

Contact a School Playground Injury Attorney in California

If your child suffered injuries at school, you have the right to seek damages on their behalf. At Maison Law, we understand how difficult it can be to watch your child’s life be negatively affected by an injury. But we can help your child get compensated for everything they’re going through.

Contact us today for a free, no-risk consultation and case evaluation. No upfront money is required, and we don’t get paid until we win your case.

Injury Accidents on School Playgrounds in California