When a child is injured at school, it's not always clear who (if anyone) might

be legally responsible. Certain accidents are unavoidable, but some injuries

on school grounds are due to unsafe conditions, or the action (or inaction)
of school officials, staff, or even other students.

Injuries Caused by Dangerous Conditions

A school's responsibility for unsafe property conditions is a type of
"premises liability." School officials have the responsibility to maintain a
safe environment for students, since the officials act in loco parentis, which
is just a fancy way of saying "in the place of parents," when children are in
their care at school. School officials have the responsibility to prevent
foreseeable dangers from harming students. Dangerous conditions on
school premises may include faulty playground equipment, slippery floors,
unsanitary conditions, and the presence of lead or other toxic materials.

The Importance of Foreseeability

Cases involving injuries on school grounds often turn on whether or not the
injury was foreseeable. Negligence on the part of the school is most
apparent in cases where the school knew of a specific danger but failed to
take proper precautionary measures. For example, if a child is injured on a
play structure, and it becomes clear that even cursory inspection of the
structure would have revealed a defect or danger, the school would likely
be on the legal hook for the child's injuries. Learn more about foreseeability
and liability for injury.

Not all accidents at school are the result of teacher negligence. Sometimes
injuries occur despite the administrators’ and teachers’ best efforts. When
school employees do everything reasonably possible to protect their
students, they may not be found negligent.

Example: Teen Attacked in School

Rob was a high school junior who was looking forward to his upcoming date with
Peggy, a girl he’d met in math class. Rob didn’t know that Peggy had recently
broken up with Frank.

During a break between classes, Rob was at his locker when Frank walked up to
him. Suddenly and without provocation, Frank punched Rob in the face, breaking
his nose. Rob never had a chance to defend himself.

The police were called. Frank was arrested and charged with assault.

Rob’s parents filed a lawsuit against the school alleging negligence. In their
lawsuit, they said the school breached its duty of care by failing to supervise the
aggressive student properly.

The school defended itself by providing proof that two teachers constantly
monitored the halls, in keeping with the policy of all schools in the district. The
school offered as further evidence the records of both students. Neither student had
a history of violence.

While the school admitted there was talk among the students that Frank was upset
over his breakup with Peggy, they said this was perfectly normal and commonly
occurred at all high schools.

Rob’s parents lost their case. The court ruled that the school took reasonable
precautions to monitor the halls. With no prior evidence of violence and no other
warning, the school could not foresee that Frank would physically attack Rob. The
school wasn’t negligent and could not be held liable.

Rob’s parents could not pursue the school for compensation, but they have the
right to file a lawsuit against Frank and his parents. In certain situations, parents
can be found liable for the actions of their children.