Injuries Caused by Children, Minors, and Liability

With thousands of students and children interacting on a daily basis, there is bound to be personal injuries caused by one child to another. Although the liability of the student causing the injury may be clear, the liability of the school or daycare facility may not be. It is important to understand when the institution may be held liable for injuries caused by another minor.

Laws and Liability for Injuries Caused by Children

Personal injuries caused by negligence are often covered by liability insurance. If you own property, drive a car or operate a business, you are exposed to legal liability. The law requires that certain minimum amounts of liability insurance be carried.

When assessing the liability of a school, there are considerations in determining negligence which include:

School personnel cannot be reasonably expected to supervise all movements and activities of students
Preventative action can only be expected where it is reasonably and practically available
The school is not an absolute insurer of the safety of their students

A school may be held liable if their negligence was the proximate cause of the injury. This means that the injury was foreseeable and the school personnel should have or could have taken action to prevent the injury.

Injuries in Daycares, Nurseries and Schools

Nurseries, daycares and schools must exercise the highest degree of protection with children who are under their direct supervision. This includes taking all adequate precautions in order to prevent all reasonable dangers. Failure to do so can result in being held liable for any resulting injuries. In some cases, the courts are reluctant to hold day care centers liable to injuries resulting from normal childhood play. The courts recognize that possible physical injury can sometimes be a normal part of childhood interaction.

Liability of Friends and Relatives

Any adult can be held liable for negligent supervision of children who cause injury or damage to property or others. Any act of a minor that results in injury or death to another person or damage to property can result in a lawsuit for civil damages.

Filing a Lawsuit

Each state has a statute of limitations that limit the time in which a lawsuit can be filed to obtain compensation for the victim. In some states, a lawsuit for injuries sustained by a child under the age of 18 must be brought within one year of the child attaining the age of 18.

Help From a Lawyer

If you child was injured while in a nursery facility or attending daycare or school, you should contact a personal injury attorney to learn about any possible lawsuits you may have. If you are daycare provider or educational institution facing legal trouble, you should speak with a lawyer to find out if you can be held liable for the accident.

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