School Accidents: Who is Responsible?
- Yellow Pages Admin
- Mar 17
- 4 min read
As parents, we expect our children to be safe and well-supervised at school. If your child is hurt at school, who is liable? In today’s article, our Barrie injury lawyers will discuss holding school boards, school staff, and other parties liable for harm caused to a child.
Children’s Injuries at School
A child can get injured in the classroom, in the school yard, on a field trip, or while participating in school sports, clubs, or other recreational activities. That child may suffer injuries ranging from a concussion or brain injury, to bone fractures, soft tissue damage, or psychological harm. The cause of the injury could be someone’s negligence (e.g., a slip and fall accident due to improperly maintained floors; a fall from unsafe playground equipment), by a deliberate act (e.g., an intentional assault), or lack of supervision. Injuries could be caused by a motor vehicle such as a school bus, or by a dog attack on the school grounds.
The point of that non-exhaustive list is that the specifics of where the accident occurred and how it happened will determine who is liable. It can be difficult to determine who is responsible when a child has been injured at school. Parents of an injured child should reach out to an experienced personal injury lawyer as soon as possible for advice. Our Barrie injury lawyers offer a free consultation. We can analyze the facts and circumstances and advise you as to who may be held liable for your child’s injuries.
Damages in a Child’s Personal Injury Lawsuit
The general rule is that a child hurt as a result of someone else’s fault or negligence is entitled to claim compensation from the responsible party. An injured child may be able to sue for compensation including damages for pain and suffering and out of pocket expenses for medical treatment, etc. If the injuries are very severe, the child may have a claim for loss of educational opportunities, loss of future income, and the costs of their future care needs.
Who is Responsible When a Child is Hurt at School?
As discussed, liability depends on who was involved and how the incident occurred. For example, if the injury was caused by a slip and fall from unsafe or defective playground equipment, the manufacturer or party responsible for playground maintenance will likely be named as a defendant in the lawsuit, and you will likely also include a claim against school officials for failing to ensure the playground met relevant safety standards. If the injury was caused by a loose dog, the dog’s owner must be named per Ontario’s Dog Owners’ Liability Act.
That being said, the parties most commonly named as defendants in lawsuits arising from school accidents are school boards, principals, and teachers. Education assistants, administrative staff, yard supervisors, school bus drivers, and other school staff may also be named in a lawsuit.
Legal Duties of Teachers and School Officials
The legal basis for your child’s personal injury lawsuit will also be fact dependent. Claims are typically rooted in negligence principles and the legal duties imposed by the Education Act and the Occupiers’ Liability Act.
For example, Ontario’s Occupiers’ Liability Act imposes a duty on the owners of premises or those in possession of premises to inspect and maintain them so the people on the premises are reasonably safe. A school board that fails to maintain school premises in accordance with the duties imposed by the Occupiers’ Liability Act can be held liable for injuries suffered as a result.
When it comes to supervision and discipline, Ontario’s Education Act and its regulations impose a duty on teachers to maintain order and supervise the children in their care. It also imposes a duty on principals to monitor and supervise teachers and other school staff to ensure standards are being upheld. A violation of the legal duties imposed by the Education Act or the Occupiers’ Liability Act can be used as evidence to prove a child’s injuries suffered while at school were caused by negligence.
Standard of Care Imposed on Teachers
Winning a personal injury lawsuit typically requires proof that the responsible party failed to meet the applicable standard of care. When it comes to teachers, the law requires that they exercise the same standard of care over children as would be exercised by a good parent with a large family. In other words, the standard is that of the “reasonably careful parent” who must guard against reasonably foreseeable risks.
The standard of care in a given case will depend on many factors such as the number of students being supervised when the incident occurred, the nature of the exercise or activity, the age of the child and the degree of skill and training the child received in connection with the activity, and the nature and condition of the equipment being used or the environment where the incident occurred.
An Important Message About Limitation Periods
The basic limitation period that applies to Ontario personal injury claims comes from the Limitations Act, which states that a personal injury lawsuit can’t be filed after the second anniversary of the date of loss. The two-year basic limitation period is strictly applied.
There is an exception for injured children. The two-year limitation period doesn’t start to run when an injured person is a minor. Instead, the limitation period begins to run on the child’s 18th birthday. A Litigation Guardian (such as the child’s parent) can start the lawsuit sooner on behalf of the child.
We don’t recommend waiting until the deadline to hire a lawyer or to file your child’s claim. It takes time to properly investigate a claim, gather supporting evidence, and prepare the necessary paperwork. The more time that passes, the greater the chance that crucial evidence may be lost or witnesses may move away. Parents and other family members are encouraged to reach out to discuss timing and legal options with an experienced personal injury lawyer.
Midland, Barrie, Collingwood, and Innisfil Personal Injury Lawyer
Collingwood, Barrie, Midland Innisfil, and surrounding Ontario area parents are encouraged to contact Littlejohn Barristers for guidance and practical legal advice following a school accident. We have extensive experience representing injured children. We can help navigate the legal process, gather evidence, and secure fair compensation for your injured child.
