School Accidents and the Law
If a child is injured at school or daycare because the proper safety precautions weren’t taken, there could be grounds for a personal injury claim. This ensures the child receives the help and support they need to move forward with their life.
Where the accident was fatal, a claim can be brought by the bereaved parents or legal guardians instead.
Accidents at school
Many children require medical attention following an accident at school. Sometimes, this is nothing more than a grazed knee or a minor bump. Other times, it’s much more serious. It’s these serious accidents that our Vancouver personal injury lawyers are concerned with.
If a child has suffered extensive harm – or has tragically died of their injuries – then it’s very possible that mistakes were made by the school.
Can you sue a school for an accident?
Schools have a legal duty to protect the health and safety of pupils. Not every single risk can be eliminated – children are bound to have accidents. But the school must take reasonable steps to prevent accidents and injuries.
When a child is injured at school, the question that must be asked is: did the school do enough to protect the child’s safety? If the answer is no, the parents or legal guardians are entitled to sue the school for damages.
Why is a claim made by the parents or guardians?
Where a child is injured, a claim must be brought by the parents or legal guardians of that child. This is because in Canada, individuals under the age of 19 cannot bring legal action in their own right. Alternatively, the child can wait until they are 19 to start a claim.
Related: Personal Injury Claims for Children
Time limits for personal injury claims involving children
In British Columbia, a personal injury claim must be brought within two years of the date of the accident, unless the injured person is a child. Children have until their nineteenth birthday to bring a claim.
Find out more about infant and child claims.
Common accidents that happen at school
School accidents that might lead to a personal injury claim include:
- Accidents caused by a lack of supervision
- Playground accidents caused by poor maintenance or defects
- School bus accidents
- Slips, trips and falls due to poor maintenance or defects
- Accidents that happen off-site, such as on field trips or at a skating rink
- Animal attacks
These are just a few examples: there are many more ways in which a child might be injured at school. If your child has been injured at school and you think more could have been done to protect their safety, please contact our Vancouver personal injury lawyers.
Compensation for school accidents
We can assess what happened to your child and why. If we believe that the school was negligent, we will advise that you have grounds to pursue a personal injury claim.
We understand that your child’s health is priceless – no one could ever put a figure on that. But sometimes, a child’s injuries can be very costly. You might have had to give up work, your child might need rehabilitation, or their future career prospects might even be compromised.
By making a claim, our lawyers can make sure your child has the rehabilitation and support they
need to move forward with their lives. Taking legal action can also help to improve safety
standards amongst schools, ensuring others do not suffer a similar experience.
Contact us now
Has your child been injured in an accident at school, or while under the school’s supervision?
Contact the team here at John Mickelson Law Corporation. We can discuss the next steps with
To speak to our Vancouver personal injury lawyers, either fill in the free online enquiry form or
call us on 604 684 0040.