Schlachman, Belsky, Weiner & Davey, P.A.

Baltimore Law Blog

School is considered by many Baltimore parents to be a safe place for their children to learn and grow. Within this context, the thought of a child injury occurring at school is a frightening one, especially given that these injuries occur when the parent is not present. While the thought may not be pleasant, unfortunately the reality is that children are injured from time to time at school.

School injuries occur due to a variety of circumstances. One of the more common instances in which children are injured is through playground injuries.

Recently, for example, a mother filed an administrative claim against a school district after her son suffered a brain injury at the school. The 9-year-old boy fell while playing on the playground equipment, which caused him to strike the side of his head, arm and wrist on cement. What's more, the school did not take the boy to receive medical attention for the incident, as it called the mother instead.

After the mother brought the boy to the hospital, she learned the extent of his injuries, which included a life-threatening injury to his brain. These injuries carry the potential for permanent defects, and the boy has already been forced to undergo hundreds of hours of treatment and therapy.

The mother's claim was based on negligence against the school officials. She was required to file the administrative claim before filing a lawsuit. These types of administrative rules vary by jurisdiction, and therefore individuals finding themselves in similar situations should consult an attorney to determine what the law is where they live, and what steps they have to go through before they can file a lawsuit.

Once they clear through administrative hurdles, injured children and their parents can file a complaint against those whose negligence caused the injuries. The complaint can lay out the details of the incident, as well as the damages the person seeks to recover in the suit. By working with an attorney, the person can make sure the complaint is properly prepared and filed, so that the suit gets underway and the family recovers relief for the devastating injury to the child.

Source: Arizona Daily Star, "TUSD hit with $23 million claim over child's head injury," Alexis Huicochea, Jan. 11, 2014

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