School-Related Injuries and Accidents
The law explicitly recognizes that children are among the most vulnerable members of our society. As such, there are often special duties and procedures which apply to cases of injury to children that benefit, but also complicate, any potential proceedings.
Among other causes of injury to children, some of the more frequently litigated include accidents that take place on field trips, on playgrounds and in swimming pools. In approaching any such incident, it is important to be aware of the appropriate legal issues that arise from the circumstances. For example, a swimming pool injury could include anything from improper monitoring by attendant supervisors, to defects with the pool equipment itself.
An important legal principle that applies in many school accidents is that of “in loco parentis”. Latin for “in the place of a parent”, this principle entrusts schools with the same standard of care expected of a parent in looking after a child. Teachers, and through them school boards, can be held liable for any damages that result from conduct falling below this standard.
As the principal advocate for the interests of the child, a personal injury lawyer has a very important role in cases of injury to children. Each step of the process – from collecting all the necessary evidence, to applying the relevant legal principles – requires an extra degree of scrutiny. An experienced personal injury lawyer is invaluable to his or her clients in their ability to carefully guide them along the process to obtain the full amount of compensation they can obtain in each circumstance.
There is a two (2) year time limit from the date of your accident, or injury, to file a claim in Court. If no claim is filed in Court, after the two year mark the right to make a claim will likely be lost. It is very important that you contact us as soon as possible after your accident, or injury, to make sure that the time limit is not missed.
There are a few possible exceptions to the two year time limit that are best explained by us. For example, if the injured person was under the age of majority at the time of the accident, or injury, you have two years from their 18th birthday. In some other cases the date the time limit starts is not on the day of the accident, but the day a person of sound mind should have known they have a claim.
Contact Tony Lafazanis at (416) 979-1770 or 1-888-979-1770 or complete the form below if your child has been a victim of a school injury. Let him help today!