Georgia School District Liability for School Accidents, Assaults, Bullying or Sexual Abuse


May 07, 2013

Georgia parents entrust their children to teachers, administrators and other school personnel on a daily basis with the assumption that these professional educators and support staff will exercise care and diligence in protecting their children from sexual assault, physical bullying, playground equipment accidents and other forms of injury.  When school personnel fail to take reasonable steps to respond to a risk of harm to school kids that they know or should know exists, the school district may be liable for the injuries suffered by the children entrusted to their care.  At the Atlanta personal injury law firm of Montlick and Associates we are committed to holding teachers, administrators, aids and others accountable for inadequate supervision and the failure to protect children from foreseeable injury.

While there are many types of personal injury claims that may arise in a school setting when school personnel are either careless or inattentive, some of the most common types of school accidents that result in serious injuries and even death include:

Bullying: Our law firm is committed to raising public awareness and advocating for victims of bullying in schools.  We are the Founding Sponsor of the Ambassador for Kids Club anti-bullying program (a4kclub.org).  Sometimes administrators or teachers are aware that a particular child is the victim of incessant bullying behavior or that a particular student has shown a history or pattern of violent or aggressive behavior toward other students.  When teachers and administrators fail to take adequate steps to protect bullying victims or to prevent ongoing bullying behavior by perpetrators, this may give rise to liability when foreseeable injuries occur.

Food Allergies: If you have notified the school of your child’s allergy to bee strings, peanuts or other foods, the school has an affirmative duty to take measures to protect your child from exposure to a substance that might cause a potentially fatal allergic reaction.  The staff and administrators at a school should also be able to provide CPR in an emergency or administer an epinephrine shot in the case of an allergic reaction where the child’s medical condition is on file with the school.

Sexual Abuse: Schools have a legal duty to conduct background checks on all personnel who will have access to children, including bus drivers, teachers, classroom aids, security guards, custodians and cafeteria workers.  When criminal background checks are not performed or someone is hired despite a criminal record that should disqualify the job candidate as an employee, the school district may be liable if school administrators knew or should have known of the risk posed by the employee.

Playground Accidents: While kids are naturally prone to engage in active play and rough-housing behavior, school staff and playground aids should provide adequate supervision and intervene to prevent activities that pose a foreseeable risk of injury.  When unsafe behavior in the schoolyard results in severe injuries, such as fractures, broken bones, head trauma, damage to the eye or other serious injuries, this may give rise to a claim for financial compensation if the school personnel did not act reasonably to discourage or prevent unsafe forms of physical activity.

It is important to note that there are a complex set of laws that apply to claims against public entities which can provide immunity against claims under certain circumstances.  Additionally, while all legal claims are subject to time deadlines, when a government entity is involved those time periods are even shorter.  Failure to comply with these time deadlines, also know as Statutes of Limitations, can result in the loss of your right to make a claim.  So it is always a good idea to consult with an experienced Georgia or Atlanta personal injury attorney as soon as possible.

Why Montlick & Associates?

The law firm of Montlick & Associates has been helping injured people and their families get the compensation they deserve since 1984.  The Georgia House of Representatives recently passed House Resolution 394 honoring Montlick & Associates for providing efficient, effective and dedicated services to the citizens of Georgia.  Montlick & Associates was also recognized for giving back to the community through our extensive public service programs.  We are dedicated to our goal of being the best personal injury law firm in Georgia.

Our  Georgia school accident attorneys at Montlick and Associates are available to provide effective legal representation to clients who suffer school injuries or abuse throughout all of Georgia, rural areas in the state and the Southeast. No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.