Ontario parents are always concerned about the safety of their children, even in school as accidents in schools are possible, although most school managements would do their best to keep schools safe. However, accidents may happen in schools, especially in science laboratories or slippery walkways.

Rough play and carelessness could also trigger accidents and injuries within the school compounds. The Ontario law is concerned about the total safety of all students during their time in school and insists that school administrators and teachers are responsible for the welfare and safety of students while teaching happens. Accidents and injuries must be minimized to the best of their abilities as part of their social responsibility towards students, parents and the nation.

School Liability over Student Injury

Any injury inflicted on a student within the school compound raises a host of questions and worries. Parents and school management need to identify the source of liability for possible medical bills incurred.

The Ontario courts oblige school administrators and teachers to provide sufficient protection from accidental injuries to students under their care as their legal duty. Students must be protected from:

• Foreseeable harm
• Potential injury
• Undesired death
• Assault

Hence, schools are obliged to:

• Provide a safe environment for students
• Repair or eliminate potentially harmful conditions
• Supervise students in all possibly dangerous events and activities
• Maintain school transportations in good condition and fitting road transport requirements
• Ensure sufficient overseers and medical personnel for organizing extracurricular activities

If any student gets hurt within the school compound, the school is deemed to have failed in its responsibility to protect its students. The Ontario law would find the school negligent and liable for the student’s injuries and damages in other areas such as:

• Medical bills
• Chiropractic and therapy bills
• Medications
• Crutches or slings
• Hospital parking lot fees
• Lost wages
• Pain and suffering
• Emotional stress and trauma

In loco parentis legal doctrine

Ontario adopts the “in loco parentis” legal doctrine where this Latin term of “in place of parents” is applied to school administrators and teachers who are obligated to exercise the responsibility of the parent while in school. This responsibility covers the school and teachers liability for any accidents or injuries sustained by the students under their supervision.

The Ontario court would weigh every school accident separately to determine the cause and degree of school liability while bringing on board the “prudent teacher doctrine”. This doctrine determines if the supervising teacher has acted prudently to avoid the injury inflicted the student in that situation.

The court judge would decide:

1) If the school activated a proper plan of supervision and protection that is comprehensive enough to cover students

2) If the teacher-in-charge had exercised reasonable care and wisdom to avoid injury to the student

3) If the accident was foreseeable and avoidable

The school could be found negligent in many areas within its compound to inflict potential harm and danger to its students. Parents of the injured child could file a lawsuit against the school or teacher responsible for the harm inflicted on the student. Students in the school must not be exposed to dangerous conditions whether at play or study. Negligence is easily adopted by the school without assigned supervisors on students at different areas and activities that could cause injury and harm on students such as:

• Classrooms
• Playground
• Parking lots
• Toilets
• Changing rooms
• Laboratories
• Walkways/corridors
• Stairs
• Hall

School administrators and teachers are obliged to exercise prudence to ensure the safety of students while under their care or supervision.

Legal Assistance in Accident Liabilities at School

Many parents in Ontario do not know their rights as responsible parents towards the safety of their child in school. They are also fearful of causing bad relations with the school, which may not be favorable to their still schooling child if an accident is blown up. However, every parent has the right to activate personal injury litigation on the school for the injuries their child suffered at school.

We have the best of slip and fall lawyer services to assist in filing personal injury cases on behalf of the parents and injured student against the school on alleged negligence. Our free consultation injury lawyer offers parents the opportunity to understand and exercise their rights in protecting their child through personal injury litigation for injuries their child experienced in school. Our injury lawyer is well versed with accidents and injuries of students in schools to procure a favorable outcome of the case.

If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333.