When we send our children to school, we put an enormous amount of trust in those responsible for their safety. Each day you bring your child to school, you put their safety in the hands of teachers, supervisors, bus drivers, and other adults. Unfortunately, this trust is often misplaced. Accidents happen, and sometimes these schools are to blame. Pursuing a lawsuit against a school for injuries sustained by your child is a tricky process. Because of this, it makes sense to enlist the aid of a qualified attorney who has years of experience with these matters. Proving negligence on the part of the school can be a challenge, and some schools may seek some kind of immunity under state law. When you have a legal expert on your side, you can push these schools and hold them accountable.
Sovereign Immunity
The first thing you need to know about suing schools in Kentucky is the fact that they may be protected under something called “sovereign immunity.” This is a form of legal protection that extends to many government agencies, including schools. While sovereign immunity does not completely protect schools from lawsuits, it does make it much more difficult for plaintiffs to pursue personal injury claims against them. In order for these cases to be successful, you will need strong proof of obvious and gross negligence.
In Loco Parentis
Teachers are considered the legal guardians of their students in lieu of their parents. The term “in loco parentis” means “in place of the parent” in Latin. This means that in the eyes of Kentucky state law, teachers have all the same obligations and duties as a parent when looking after students. When pursuing legal action against teachers for injuries sustained by students, you can hold teachers to the exact same standards as you would for yourself or any other parents.
Determining Negligence
One of the key steps in a lawsuit against a school is determining negligence. This is often difficult for a number of reasons. Firstly, teachers and school staff are protected under sovereign immunity unless you can show that they were extremely negligent. Proving that a teacher was partly negligent or somewhat negligent is usually not enough to receive a favorable ruling. Secondly, schools often succeed in showing that they did everything they could to ensure student safety. If something unforeseen and unplanned happened that was completely outside of their control, the courts often rule in the school’s favor. This concept is known as reasonable care. As long as schools can prove they provided reasonable care, it is difficult to win against them in court.
Duty Owed
With all that said, schools are still responsible for a student’s safety. In legal terms, this is known as “duty owed.” Schools have a duty to maintain their grounds and address hazards like ice or faulty playground equipment. Schools also have a duty to adequately supervise students or to remove students with a history of violent behavior. If a school fails in any of these duties, they may be liable for damages.
Your Next Legal Steps
If your student has been seriously injured at school, it is important to assess your legal options. Reach out to Roberts Law Office today, and we can help you take your next steps.