Is the School Responsible for a Slip and Fall Accident on their Property?

Accidents at school occur on a daily basis, and many of them are quickly resolved with a trip to the nurse’s room. Other accidents, like slip and falls, are far more serious. Slip and falls are surprisingly common in U.S. schools. According the Center for Disease Control, fall-related accidents involving children account for 2.8 million trips to the emergency room every year. As a parent, the very idea of your child being injured at school is terrifying. Then, there are the medical bills, time off from work, and other losses you’ll have to deal with in order to take care of your child. If you’re the parent of a student who’s been injured in a slip and fall, you probably have questions about your legal options, including your right to sue the school for damages.

Of course, students are not the only ones that can suffer a slip and fall at school. Staff members and visitors can also be harmed if they slip on something and fall down at a school. If you are a school employee or guest who was injured in a slip and fall, legal actions may be available to you.

Today, we will go over the legal process of recovering compensation after a school slip and fall accident. We will also discuss:

• Are schools responsible for slip and fall accidents on their property?
• What should I do if my child had a slip and fall accident at their school?
• How do I file an injury lawsuit with the school?

Lawsuits against schools are much more complicated than the average personal injury lawsuit. The information below will give you a general sense of the procedures that are involved. But each slip and fall accident is different, so you should speak with an attorney to ensure the best possible outcome for your case. Please contact our office to schedule a free consultation.

Is a School Responsible for a Slip and Fall of a Student?

Yes, a school may be held responsible for a student’s slip and fall on their premises. They may also be responsible for slip and fall accidents involving a visitor, guest, or staff member. In order to prove the school’s liability, you must show that the school engaged in unsafe or negligent conduct, and that you were injured as a result of such conduct. Here are examples of a school’s negligence in a slip and fall accident:

• The school failed to make repairs that caused a dangerous condition.
• The school should have been aware of hazards that could lead to a slip and fall.
• There were no warning signs or notices to inform students and visitors of dangerous conditions.
• The school failed to clean up or remove hazards in a timely manner.

Proving a school’s role in a slip and fall accident is challenging, and we’ve seen many attempts at “cover ups” by schools right after an injury on their property. Schools may also blame the student for the accident, or deny the seriousness of their injuries. Taking the right steps after a school slip and fall is crucial for protecting your rights and recovering the compensation you deserve. These steps are explained in detail in a later section titled, “Steps to take after a Slip and Fall at School.”

Quality legal representation is another way to protect yourself or your child after a slip and fall accident. With their many years of experience, our lawyers can make a case for the school’s responsibility and how they failed in their duty to keep your child safe.
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Causes for School Slip and Fall Accidents

Schools are full of people and activities at all times, making them prone to accidents like slip and falls. While we can’t list them all, here are some of the most common causes for school slip and fall accidents:

• Spills on the floor
• Slippery tiles or wood floors
• Water leaks in the bathroom
• Uneven surfaces
• Worn out carpeting
• Ice and snow (on the walkways, parking lot, etc.)
• Stray electrical cords and wires
• Debris left on the floor or in hallways

You can see how easily someone can be injured under any of conditions. But holding the school liable for that condition requires the knowledge of an experienced personal injury attorney. To see if the school you or your child was injured in can be sued for damages, contact the offices of Normandie Law Firm.

School Slip and Fall Accident Injuries

We mentioned before that over 2 million children are taken to the ER every year due to a fall-related accident. These figures speak to the fact that slip and falls often result in serious injuries, including:

• Broken bones and fractures
• Torn muscles and ligaments (soft tissue injury)
• Shoulder or neck injury
• Sprained ankle or wrist
• Traumatic brain injury (TBI)
• Knee injury (torn ACL / MCL, dislocated kneecap, etc.)
• Hip fracture
• Spinal cord damage

All these injuries, and in fact, any injury from a slip and fall should be examined by a doctor right away. This is particularly important with children, as many injuries can compromise their growth and long-term health. After receiving treatment, give us a call as soon as you can to learn about your legal rights.

Steps to take after a Slip and Fall at School

Whether you’re a parent of an injured student or the victim of a slip and fall, your actions right after the accident is crucial to the outcome of your injury claim. We know this is a scary and painful time, but please take the following steps if you or your child had a slip and fall accident:

1. Get medical treatment for your injuries.

This should always be your first priority following a slip and fall accident. No matter how old you are, slip and fall injuries can be extremely serious, and easily get worse without immediate treatment. Aside from your health, medical assessments are necessary if you plan on filing an injury claim against the school.

2. Report the accident to the proper authorities.

Make sure to report the incident to school authorities, like the principal or vice-principal. Even if a staff member notified you of the accident, don’t assume it will get to the proper authorities and result in an accident report. This is essential, even if you’re an adult visitor or an adult student at a college or university.

3. Collect evidence.

Start gathering any documentation related to your slip and fall, such as medical reports, witness statements, and photos of the accident scene. You can also record video of the accident scene or witness statements, but make sure to transfer these to a USB or a device other than your phone. If you can, look around and try to spot any surveillance cameras that may have footage of your accident. We also recommend preserving the clothes and shoes you or your child was wearing at the time, which may provide helpful evidence in a lawsuit.

4. Call an attorney as soon as possible

You’ll be tempted to talk about the accident – maybe even post about it on social media. You may also be contacted by school representatives who will ask you for a statement. As hard as it is, please refrain from doing any of these things. What you say can be used against you later, and it’s easy for victims and parents to say entirely too much when they’re dealing with a painful accident. Instead, contact a school slip and fall attorney and ask about the legal actions that are available to you.

Filing an Injury Claim after a School Slip and Fall

School districts are classified as public entities, so there are special procedures that must be followed before you can sue a school for damages. These rules apply for any type of school, including public schools, private schools, parochial schools, and colleges and universities.

In California, a school slip and fall injury victim, or the parent / guardian of the victim would need to file an injury claim within the first 6 months of the accident. For Los Angeles Unified School District, for example, you would use the “Claim for Damages to Person or Property” form, which you can find online. It’s a good idea to get an attorney’s help with these forms, especially for sections like “Describe in detail how damage or injury occurred.” Injury claim forms also ask for the amount of damages you’re seeking, which you should definitely discuss with a slip and fall lawyer.

When can I File a Lawsuit?

If the school rejects your claim or does not respond to your claim in 45 days, you and your lawyer can proceed with a lawsuit for monetary compensation. This is when all the evidence you’ve collected really becomes valuable, as you build a case for why you deserve compensation from the school. The other side will be busy as well, gathering evidence to fight back against your claims. Essentially, you’re preparing for a trial, but there’s a good chance you’ll be able to negotiate a settlement without court intervention. That would actually be in everyone’s best interest, since trials are very expensive and time-consuming.

Then again, a settlement offer has to be adequate for the losses you and your family have suffered. That’s why you should never agree to a settlement without talking to your lawyer first. How far you take your case is up to you, but making an informed decision is the most important thing you can do for yourself and your loved ones.

For more information on filing a school injury lawsuit, schedule a free consultation with one of our attorneys.

Help from the Lawyers of Normandie

We know the panic you go through as a parent when your child is injured at school. That panic turns to anger if the school’s negligence was the reason for your child accident. It’s difficult to control your emotions during this time, but it’s essential to stay calm and talk to an experienced school liability attorney. The lawyers of Normandie are experienced in all types of school injury cases, including slip and falls, playground injuries, school bus accidents, and sexual assault – sexual harassment incidents.

As an injury victim or the parent of an injury victim, you have enough to deal in your journey to recovery. The one thing you shouldn’t have to worry about is legal fees, which is why we work on a contingency fee basis. As part of our Zero fee guarantee, you are never billed upfront for any of our services. We only get paid if we win your case, and if we lose, there is nothing for you to pay.

Don’t hesitate to contact us with any questions or concerns related to a school slip and fall accident. The process can be overwhelming, especially when you’re suffering from an injury. Our lawyers can help you navigate the claims process and take any other actions that are necessary to recover your losses. We can assist you with slip and fall cases in any type of school, including:

• Elementary schools
• Middle schools
• Junior high schools
• High schools
• Public schools
• Charter schools
• Magnet schools
• Private schools
• Parochial schools
• Colleges
• Universities
• Community colleges
• Vocational schools
• Special education schools

Other Pages on Our Website Related to This Topic
Ventura County School Bus Roll Over Accident – Bus Injury Lawyers
Can You Sue a School for not Reporting Sexual Abuse
What is the Average Value of a School Sexual Abuse Case