What if My Child Was Injured at a Clinton School?
If a child is seriously injured while at school, the school district may be legally responsible. Children spend many hours at school. Just as parents have a legal responsibility to protect their children, schools and school districts have a legal duty to protect and keep children safe while in the school’s custody. Preventable injuries at school can happen in many ways, including:
- Negligent supervision allowing a child to hurt himself or herself or to be bullied or assaulted by another student;
- Intentional misconduct or predatory behavior by school staff;
- Unsafe premises such as broken playground equipment or unsanitary cafeteria conditions.
South Carolina law shields school districts, employees and staff from legal liability in certain situations.
For example, a child’s parent or guardian is required to sign a release acknowledging that the school district and its staff are not legally liable for injuries arising from a student’s self-administration of medication.
South Carolina Code § 59-63-95 shields numerous types of educational institutions including public schools, school staff, school districts, private schools, and the S.C. Department of Education from liability for injuries to a student resulting from the administration or self-administration of an epinephrine auto-injector, regardless of whether the child’s parent or guardian authorized the administration.
South Carolina Code § 59-63-75(D)(5) states that an athletic trainer, doctor, physician’s assistant, or nurse practitioner who evaluates a student-athlete during an organized sports event or practice and clears the student to return to play is not liable for civil damages (unless the acts or omissions constitute gross negligence or willful, wanton misconduct).
The general concept with a child injury at school is that school staff had an obligation to look out for the safety of your child. If your child has been injured at school in Clinton or elsewhere in Laurens County, don’t hesitate to contact our child injury attorneys at Joye Law Firm to review the circumstances of your child’s injury and discuss your legal options. It is important to consult a knowledgeable lawyer for child injury at School as soon as possible after any school accident.