You are currently viewing Your child got injured at school. Can you sue the school?

Your child got injured at school. Can you sue the school?

Every morning on a weekday, parents send thousands of children to an institution of learning and development called ‘school’ with a presupposition and belief that their children’s well-being will be safeguarded.

However, what transpires when the very same institution you entrusted with your child’s wellbeing is now responsible for their impairment and injury?

The legislation of the Republic Of South Africa has legal recourse for children who get injured at school based on negligence about the school’s duty. Therefore, you may be able to pursue compensation for your child’s injury.

Are schools responsible for the safety of children?

The South African Schools Act in accordance with the fundamental rights as prescribed in the Constitution of South Africa states that schools are envisioned to pursue appropriate measures to warrant the safety of children under their custody.

For instance, implementing safety and surveillance measures in terms of access to the school premises. It is therefore a constitutional prerogative for schools to observe students’ activities while they are on the school’s premises.

What qualifies as a ‘personal injury case’?

In a synopsis, it is where there is evidence that a student was injured as a result of direct negligence by a school. In essence, you should be able to prove that, had the school acted as per expectation and agreement, the injury wouldn’t have occurred.

Instances of personal injury claims in the context of schools :

•School transport accidents

•Bullying as a result of inadequate adult supervision.

•Assault by other students or invaders,  where reasonable measures were not taken to prevent such from occurring.

•Playground injuries as well as slip and fall accidents.

What can you claim for such instances?

Given that you’ve successfully managed to prove the negligence of the school, you may claim for :

– The pain and suffering.

-Future medical costs: for instance, medication and surgical operation.

-Medical expenses.

Personal Injury Claims at Manzankosi Corporate Legal Consultancy

At Manzankosi Corporate Legal Consultancy,  we assist with personal injury claims.

Contact us to have one of our legal practitioners assess your claim as well as assist you with preparing supporting evidence for your court case.

Contact us on WhatsApp: 081 712 1114  | 067 147 2323 or at info@manzankosiclc.co.za to arrange a discounted first legal consultation.

Leave a Reply