What Facts are Required to Establish a Case or Claim for a Special Needs Child Injured at a School or Day Care Center?


When a child is injured in a school or day care center, the first and foremost thing to do is to get the child timely and appropriate medical care and treatment. Once treatment is initialized in the child is properly evaluated and placed on a treatment plan, the parents of the injured child often times face additional challenges including but not limited to payment of medical bills, insurance issues, and yes, a decision as to whether a legal case or claim should be pursued on behalf of the injured child.

Is a school or day care center liable every time a special needs child is injured in the facility or during the field trip or other school related activities? The simple answer this question is “No”. The school is not an absolute insurer or guarantor of the health, safety welfare of a special needs child. However, the school or day care center has a duty to act reasonably and provide timely inadequate supervision of special needs child under the care of the facility. Furthermore, school or day care center has a duty to maintain the facility including but not limited to the classrooms, bathrooms, calm and walkways, playground area, and other areas in good order. If a child is injured as a result of negligence, carelessness, or other actions / inactions, there may be a claim or case to pursue on behalf of the injured child. The case or claim must be evaluated on its own facts and circumstances. A Child Injury Lawyer should be contacted for consultation and possible legal representation. The Child Injury Lawyer will evaluate the four elements of the case: 1. Duty; 2. Breach of Duty; 3. Causation; and 4. Damages. Furthermore, the Child Injury Lawyer will consider whether the incident was foreseeable and whether the personal injuries sustained by the child were preventable.

The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Automobile Accidents, Day Care Center Injuries, School Injuries, Medical Bills and Treatment, and other topics. You can receive this book for free at The ABCs of Child Injury.

Another helpful resource for parents seeking information regarding laws and legal cases involving an injured child is the book titled – Florida Day Care Center Injuries – Legal Rights of the Injured Child – Building Blocks of Knowledge for Parents. This book has chapters on Indoor Facilities, Outdoor Facilities and Playgrounds, Emergency Procedures, Incident Reports, and other matters. You can receive this book for free at Florida Day Care Center Injuries.