Seattle School Injury Lawyers & Unsafe Premises Attorneys
Children run, climb, play sports, use equipment, move between classrooms, and participate in activities every day at school. Accidents will happen, and an injury at school does not automatically mean the school did something wrong. But when a serious injury follows an unsafe condition, inadequate supervision, dangerous equipment, or a preventable hazard that should have been addressed, parents are entitled to ask whether the school met its legal responsibilities.
We represent students and families in Washington school injury cases involving serious accidents on school property and during school activities. We investigate how the injury occurred, who was responsible for the area or activity, whether the danger was known or reasonably discoverable, and whether appropriate supervision or precautions could have prevented the harm.
If your child suffered a serious injury at school and you have questions about whether the school may be responsible, call (206) 407-3300 for a free claim evaluation.
We accept school injury cases on a either a paid hourly or contingency fee basis.
When Can a School Be Responsible for a Student’s Injury?
A school is not an insurer of student safety. The fact that a child was injured on school property does not by itself establish negligence. A potential claim generally requires evidence that the school or another responsible party failed to exercise the care required under the circumstances and that this failure caused the student’s injury.
The relevant duty depends on how and where the accident happened. A playground equipment case raises different questions from an injury during physical education, a fall caused by a dangerous property condition, or an accident involving inadequate supervision.
For classroom settings, Washington law expressly directs teaching and administrative staff to give careful attention to student safety and to report doubtful or unsafe conditions to the building administrator. RCW 28A.150.240.
What Types of School Injuries Can Raise Negligence Questions?
School injury claims can arise in many different settings. Depending on the circumstances, they may involve:
Unsafe playground equipment or surfaces
Falls caused by dangerous property conditions
Inadequate supervision during recess or school activities
Injuries during physical education or athletics
Unsafe classroom, laboratory, or vocational equipment
Dangerous conditions in hallways, stairs, cafeterias, or common areas
Injuries during school-sponsored activities (including sports activities)
Failure to respond appropriately to a known safety hazard
The presence of one of these circumstances does not automatically establish liability. The question is whether the evidence supports the elements of a viable legal claim.
How Does Supervision Affect a School Injury Claim?
Supervision cases are highly fact specific. The appropriate level of supervision may depend on the students’ ages, the activity involved, known risks, prior incidents, school policies, staffing, and what school personnel knew before the injury occurred.
An injury that happens despite reasonable supervision is different from an injury that occurs after students were left in a dangerous situation without appropriate oversight.
Evidence concerning staff assignments, schedules, incident reports, witness accounts, surveillance footage, and school policies can help establish what supervision was provided.
What If the Injury Was Caused by a Dangerous Condition on School Property?
Premises-related cases focus on the condition that caused the injury and the school’s knowledge of it. Important questions can include:
What created the dangerous condition?
How long had it existed?
Did employees know about it?
Should a reasonable inspection have identified it?
Had anyone complained about it before?
Were students warned or kept away from the hazard?
Was the condition repaired after prior incidents?
Did the condition actually cause the injury?
Photographs and video can be especially important because physical conditions may be repaired or changed shortly after an accident.
What Evidence Should Parents Preserve After a Serious School Injury?
The evidence available immediately after an accident may be much better than the evidence available months later. Parents should consider preserving photographs of the location and injuries, communications with teachers and administrators, medical records, names of witnesses, incident reports provided by the school, and information about what the child remembers.
It may also be important to determine whether surveillance video, maintenance records, inspection records, staff schedules, or earlier complaints exist. A prompt investigation can help identify evidence before video is overwritten, physical conditions change, or witnesses’ memories fade.
Does It Matter If the School Is Public or Private?
Yes. A negligence claim involving a public school district can carry procedural requirements that do not necessarily apply in the same way to a private school.
Washington law provides that local governmental entities may be liable for damages arising from their tortious conduct, or qualifying conduct of their officers, employees, or volunteers, to the extent specified in RCW 4.96.010.
Claims subject to that chapter must also comply with the claim presentment procedure in RCW 4.96.020. Private school cases require a different analysis because the public-entity claim procedure does not apply simply because the injury occurred at a school.
What Is the 60-Day Rule for a Claim Against a Public School District?
This rule is frequently misunderstood. RCW 4.96.020 does not generally require a family to file a tort claim within 60 days of the student’s injury.
Instead, a qualifying claim for damages must be presented to the local governmental entity’s designated agent within the applicable limitations period. Once the claim has been presented, the claimant generally must wait 60 calendar days before commencing the lawsuit. The statute tolls the applicable limitations period during that 60-day waiting period.
The claim must also contain information required by the statute and be presented in accordance with the statutory procedure.
Because the limitations period depends on the underlying cause of action and facts of the case, parents should not assume that every school injury has the same filing deadline.
What Compensation May Be Available After a Serious School Injury?
The damages available depend on the legal claims, the student’s injuries, and the losses caused by the accident. A claim may potentially seek compensation for medical expenses, future medical care, pain and suffering, disability, and other legally recoverable damages. A serious injury to a child can also create long-term questions involving future treatment, rehabilitation, scarring, physical limitations, or other consequences that may not be fully known immediately after the accident.
Determining damages therefore requires more than adding up the medical bills incurred during the first few weeks. As experienced Seattle school injury lawyers, we can listen to the facts of your case, explain your legal options, and tenaciously fight for the full and fair compensation to which your child and family are rightfully entitled.
How Can a Seattle School Injury Attorney Help?
School injury cases often turn on information the family does not initially possess. The school may control surveillance footage, maintenance records, inspection information, staffing records, internal incident reports, and other evidence needed to understand why the accident happened.
We investigate serious school injuries with a focus on both the immediate accident and the circumstances that led to it. We evaluate supervision, property conditions, prior notice, causation, available records, and the procedural requirements that may apply when a public school district is involved.
Our attorneys also represent students and families in other school law matters, including school staff misconduct and student bullying.
If your child suffered a serious injury at school, call Seattle Litigation Group at (206) 407-3300 to schedule a free case review by an experienced Seattle school injury attorney.
Think You Have A Claim?
Schedule A ConsultationDeadlines in employment cases are short. A free, confidential call with our team is the fastest way to find out where you stand.
Schedule A Consultation