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  • Is LAUSD Liable to Pay for School Child Injuries?

    Is LAUSD Liable to Pay for School Child Injuries?

Considered the second-largest school district in the country and the largest in California, the Los Angeles Unified School District (LAUSD) has over 565,000 kindergarten through 12th grade students. With so many students at LAUSD, it can be challenging for the school district to ensure the safety of all the students, which is why LAUSD continues to face lawsuits from responsible parents.

Ehline Law and our school district accident attorneys have over 15 years of extensive experience working with concerned parents in helping them get the justice and compensation the family deserves for their children’s injuries caused by a rogue school employee, often with a trans or gay agenda, trying to groom children sexually. These scofflaws will claim sovereign immunity and will often provide parents with false legal information or options to run out the 6-month statute to file a government claim.

Contact our LAUSD school district accident attorneys if your child suffered injuries or lost their life due to the school employee’s or school district’s negligence. We will swiftly answer all your questions about your potential case to protect your child.

Common Types of Accidents at Los Angeles Unified School District 

The following are some of the most common types of accidents that may occur in the Los Angeles Unified School District:

  • Slip and fall accidents: Slip and fall accidents can occur when floors, stairs, or other surfaces are wet, uneven, or poorly maintained.
  • Playground accidents: According to Consumer Product Safety Commission (CPSC) data on youth emergency room (ER) admissions after injuries in school, there were 206,700 injuries to children under the age of 16 occur on playgrounds every year. 
  • Defective products and structural failure: CPSC reported 12 deaths due to soccer goal tip-overs between 200 and 2019 and 3,400 children heading to emergency rooms due to injuries from structural failure.
  • Sports-related injuries: According to Stanford Children’s Health, more than 3.5 million children and teens suffer sports-related injuries each year, with one-third of all injuries incurred in childhood being sports-related injuries. Sports-related injuries can occur during school hours, after-school, or organized sports activities.
  • Bullying and violence: The 2019 National Center for Educational Statistics revealed that one in five students experience bullying at school, with 43% of the bullying happening in hallways or stairwells of the schools. Bullying other students can lead to serious behavioral and mental health problems (depression, anxiety, sleep difficulties, and other psychological issues).
  • Transportation accidents: According to National Highway Traffic Safety Administration, from 2011 to 2020, 5% of the deaths and 33% of the injuries in school bus accidents were the school bus occupants. Transportation accidents are not only limited to school bus accidents, parents who drop off their children at the school are also at risk of accidents due to another driver’s negligence or lack of traffic control at the school district.
  • Food-related injuries: Children can suffer allergic reactions or other injuries from consuming stale or expired food provided by LAUSD. The most common cause of food-related injuries in the United States is Norovirus, Salmonella, Clostridium perfringens, Campylobacter, and Staphylococcus aureus.
  • Negligent supervision: Children can suffer injuries due to inadequate supervision by school staff, allowing them to engage in unsafe activities or exposure to hazards.
  • Sexual harassment: Sex abuse is a serious crime in the United States and is punishable under the US criminal justice system. In 2021, 15 former LAUSD students came forward stating that Louis Moreno, a teacher at 96th Street Elementary School, sexually abused them during their time at the school.

Suppose your child suffered injuries on school premises due to negligence or misconduct. In that case, it is essential to consult with an experienced school district accident attorney who can help you understand your legal rights and options.

Common School Injuries Children May Suffer at a School District

Some of the most common types of injuries sustained by children in schools include:

  • Fractures and broken bones
  • Head and brain injuries
  • Cuts and bruises
  • Sprains and strains
  • Neck and back injuries
  • Burns
  • Emotional trauma.

If your child suffers a school injury, it is crucial to seek medical attention immediately, as early diagnosis can prevent medical complications and ensure a quicker recovery period.

Is LAUSD Liable to Pay for School Child Injuries: What Duty Does LAUSD Have Towards Children?

LAUSD has a legal duty to provide a safe environment for all the children under their care. This duty is known as a duty of care, and it requires LAUSD to take reasonable steps to keep children safe and prevent harm to them while they are on school grounds, participating in school activities, or during transportation to or from school.

The following are some of the legal duties of LAUSD and its employees:

  1. Maintaining safe facilities: LAUSD must ensure that school equipment, buildings, and grounds are free from hazards that could cause harm to children, such as wet floors, broken equipment, or exposed electrical wiring.
  2. Providing adequate supervision: LAUSD must provide sufficient supervision of children to ensure they are safe from bullying, sports-related injuries, and other accidents.
  3. Implementing safety policies and procedures: LAUSD must have policies and procedures in place to address potential safety hazards.
  4. Conducting background checks: Lack of background checks before hiring teachers or supervisors can lead to sexual assault cases. In 2022, an athletic trainer got charged with sexually assaulting at least 10 girls at two Los Angeles high schools since 2017.
  5. Providing safe transportation: LAUSD must ensure proper maintenance of their vehicles and conduct background checks before hiring a bus driver to ensure that the drive to and from school is as safe as possible.

If the LAUSD is negligent in carrying out its duties and failing to keep the children safe, it may be liable for injuries for which parents may be able to pursue compensation. Affected parents need to speak to a reputable law firm to discuss their case and learn more about their legal options following their child’s injury.

Types of Damages You Can Recover by Pursuing a Lawsuit Against LAUSD

Depending on the circumstances of the personal injury case, you may be able to recover the following types of damages.

Economic Damages

Economic damages compensate the injured child and their family for out-of-pocket expenses related to the injury, such as medical expenses, lost wages (if your child is also working), lost earning capacity, and property damage.

Non-economic Damages

Non-economic damages compensate the injured child and their family for non-monetary losses, such as pain and suffering, emotional distress, physical impairment, disfigurement, reduced quality of life, and more.

In some situations involving gross negligence or recklessness, the court may award the family and the injured child punitive damages, which intend to punish the defendant for their misconduct.

It is crucial for the affected family to consult with an experienced personal injury attorney to help determine the damages they are eligible for, file a personal injury claim, and pursue the compensation they deserve.

Understanding Statute of Limitations in California for Claims Against Los Angeles Unified School District

Whether your child suffered injuries in a private school or a public institution, you may be able to obtain compensation for the damages.

However, the time you have under the statute of limitations will vary depending on the circumstances of the accident.

For school districts funded and controlled by the government, such as LAUSD, affected families have six months to submit a formal written complaint with legal theories to the school district.

In case of claim denial, the affected family has two years to bring a personal injury lawsuit and take the school district to court.

All affected families must bring legal action against school districts if they have valid personal injury claims. School districts must be held accountable for their negligence to avoid further incidents in the future and ensure a safe environment for all children.

Another reason to pursue legal action is to recover the monetary damages that may incur after the accident. Medical treatment costs can affect your family’s financial status, which is why you must consider bringing legal action against LAUSD for your child’s injuries.

Schedule a Free Consultation with Ehline Law Firm

If your child suffered injuries due to the negligence of LAUSD, contact us at (833) LETS-SUE for a free consultation, as you may be able to seek compensation with help from one of our expert trial lawyers to address your concerns and gather all the evidence needed to prove your Los Angeles County case.

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Michael Ehline

Michael Ehline is an inactive U.S. Marine and world famous legal historian. Michael helped draft the Cruise Ship Safety Act and has won some of the largest motorcycle accident settlements in U.S. History. Together with his legal team, Michael and the Ehline Law Firm collect damages on behalf of clients. We pride ourselves in being available to answer your most pressing and difficult questions 24/7. We are proud sponsors of the Paul Ehline Memorial Motorcycle Ride, and a a Service Disabled Veteran Operated Business. (SDVOB.) We are ready to fight.

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