Can You Sue if Your Child Was Injured on a School Field Trip?
Posted on behalf of RizkLaw on May 09, 2023 in Personal Injury
Spending a day outside the classroom never fails to spur joy and excitement in students. With the ability to receive hands-on learning and team-building exercises, many schools and teachers jump at the opportunity to provide children with field trips. Unfortunately, some fun experiences become dangerous when someone’s actions cause a student injury.
A field trip injury is often more than just a simple scratch or bruise. If another party’s actions result in broken bones, internal damage, or another severe injury, the student may need extensive medical treatment. In these situations, parents or legal guardians can pursue legal action against the responsible party.
4 Important Elements Within a School Field Trip Injury Claim
Hiking through a forest, swimming in a pool, and interacting with chemicals are all activities students may participate in while on a field trip. When pursuing a school field trip injury claim, it’s essential to recognize the specific factors involved in the case and how they may impact the claim’s result.
Consider the following examples of common influential elements you may encounter during the legal process:
Experience and Age
A kindergarten student’s maturity level and knowledge is vastly different from a high school student. During a claim, the court will consider whether the child had the experience and knowledge to prevent the accident. An older student may be expected to know if a situation is dangerous, while a younger student may need more direction.
Student’s Partial Fault
If the student was not paying attention to directions or warnings, they might be held partially at fault for the accident. However, it’s important to note that adults are primarily responsible for ensuring children are safe throughout the duration of the trip. Even if a child is wandering off, a teacher should be aware and keep tabs on the students to prevent an accident.
Field Trip Location
The injuries a child suffers on a field trip will significantly depend on the location of the excursion and the necessary safety precautions to ensure student safety in the area. For example, museums and lakes require different safety needs and regulations. If someone disregards the precautions and a child suffers injuries, they can be held liable for their actions.
Identifying the responsible party is essential when filing a field trip injury claim in Oregon. When the parent is not physically at the location, it can be challenging to piece together whose actions caused the accident. However, teachers, chaperones, organizations, and property managers are a few common parties you may be able to link to the accident with the help of a lawyer.
Understanding how the above elements affect your field trip injury claim can significantly increase the likelihood of recovering the compensation and justice your family deserves. Oregon law requires that victims pursuing claims against a public entity, such as a public school, to comply with Oregon’s Tort Claim Notice Act which requires that written notice of the claim be sent by certified mail to all Oregon public entities within 180 days of the injurious incident. Before you make any decisions, speak with an experienced lawyer to learn more about your legal rights and options.
Speak With an Award-Winning Personal Injury Lawyer Today
When your child suffers debilitating injuries, you may feel frustrated, overwhelmed, and unsure of where to start. Our compassionate Rizk Law lawyers understand the challenges you and your family face and can offer you honest, knowledgeable legal advice. We want to ensure you have the best legal representation and available resources for your claim. We will fight for your child to recover the compensation they deserve by utilizing our extensive community connections and legal knowledge.
We take pride in staying involved in projects that uplift those throughout Oregon. Our clients are family, and we protect our own. Call (503) 245-5677 or fill out our contact form today to schedule a free consultation with Attorney Richard Rizk.