Parents trust their kids to the care of school systems for at least six hours per day, 180 days of the year. For the most part, schools are worthy of that trust, and kids return home to their parents unharmed. There are times, however, when a student, teacher, or other staff member is injured from a fall on school property.
If this happens to you or your child, consult with a Phoenix public school falls accident attorney from Zanes Law. If the fall and resulting injuries were caused by someone else’s negligence or careless behavior, you might be entitled to compensation.
Falls Can Cause Serious Injuries
Kids fall a lot, even at school. They may fall at recess, during physical education classes, or just while walking down a hallway. Usually, they will get up without signs of serious injury and simply continue with their day.
Other times, a fall can lead to serious injuries, such as broken bones, head trauma, brain injuries, nerve damage, and neck or back injuries, to name a few. These injuries bring long-term consequences and can require extensive medical care.
If the fall was preventable and occurred because someone did not fulfill their responsibility to maintain a safe environment, a Phoenix public school falls accident attorney from Zanes Law will help you pursue a financial settlement to recover accident-related costs. Even if the fall was accidental, school faculty and staff should be trained to follow Arizona’s Emergency Guidelines for Schools, so it is always best to have an attorney review your case and your options.
For a free legal consultation with a public school accidents lawyer serving Phoenix, call (866) 499-8989
How a School’s Negligence Contributes to Falls and Injuries
Inadequate supervision, unmarked wet floors, torn carpets, poorly maintained floors, or outdoor walkways are examples of how negligence can cause injuries. In these situations, a responsible party’s lack of action or attention to the environment could instigate an injury-causing fall. Teachers or other assigned staff need to keep a watchful eye over students at play, and custodial staff must ensure floors and walkways are safe for foot traffic.
More significant problems may indicate the school district or state’s negligence. For example, suppose a school has leaky plumbing causing constant wet floors or has potholed outdoor play areas but has not taken action to have these problems fixed. In that case, district or state oversight agencies may hold culpability.
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Filing Claims Against Public Schools Is Complicated
It is always best to have a lawyer fighting for you to secure a substantial settlement after any injury caused by another’s negligence. When your fall occurs in a public school building, arranging legal representation is even more important.
Public schools are public or government entities and enjoy different legal protections than private entities. Under sovereign immunity laws, governmental entities cannot be sued unless giving consent to be sued. Arizona’s Supreme Court abolished this comprehensive sovereign immunity in 1963, but many exceptions remain.
Arizona Code §12-821.01 establishes that claims against public schools, entities, and employees are allowed but must meet specific guidelines and be filed within 180 days of the incident. Navigating the complex laws, exceptions, and guidelines involved in filing a claim against a public school requires expert legal knowledge. Trust this process to your public school falls accident attorney in Phoenix.
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Proving Negligence in a Public School Fall Accident
Proving an at-fault party’s negligence requires fulfilling four components.
First, you must show the party owed you a duty of care or that they had an obligation to provide you with a safe environment. Next, you must demonstrate the party breached that duty or failed in their obligation to preserve your safety. Then, you must prove that breach of duty caused your injuries and that your injuries cost you measurable damages.
Your Phoenix public school falls accident lawyer will comprehensively investigate your accident to determine whose negligence caused your injuries and must be held accountable.
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