In Florida, a school bus should be a safe haven for children being transported to and from school as well as sporting events and field trips. Unfortunately, many children are injured on Florida school buses. In Ocala, Florida, it was reported that a 13 year old girl
was attacked on a school bus by other students. Deputies from the Marion County Sheriff’s Office was sent to the scene. The school bus driver drover the children to Marion Oaks Elementary School following the school bus fight / school bus altercation. It was reported that the 13 year old beating victim suffered a concussion, muscle spasms, and bruising as a result of the attack on the school bus. According to witness statements, the incident started when some shoes were thrown on the bus. As a result of this incident, seven students were arrested. See Seven Children Arrested Following School Bus Fight – Marion County, Florida.
When a child is injured at school or during a school supervised event or outing, the school is not automatically liable for the injuries resulting from the incident or accident. Generally, there are four elements required for a case or claim to be pursued against a school – whether public or private:
1. Duty. This refers to the duties of the school bus driver and / or school bus attendant. The school bus should be driven in a safe manner. Furthermore, the school bus driver and school bus attendant should follows rules and procedures as to supervision and discipline on the bus.
2. Breach of Duty. This refers to the actions or inactions by the school staff that failed to follow a law, policy, procedure, or reasonable precautions as to the supervision and safety of the children.
3. Causation. This refers to to the link between the breach of duty and the damages.
4. Damages. This refers to the injuries, pain and suffering, and expenses / bills related to the incident or accident.
The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parents Should Know – has chapters on Automobile Accidents, School Injuries, Day Care Center Injuries, and other topics. See The ABCs of Child Injury.