How Can A Personal Injury Lawyer In Kitchener Help After A School-Premise Accident?

 Numerous children suffer from the injuries each year in Ontario due to school-premise or playground accidents. The teachers or school officials may not be held liable for all these accidents; however, some of these accidents happen due to the negligence of school personnel. In this scenario, you may retain the service of a personal injury lawyer in Kitchener in order to recover compensation for your child’s losses. Most school-premise accidents happen during the recess, as the students run around or spend time with other students at this time. It is expected from the teachers/caregivers to keep the younger students under supervision at all times; however, this may not be always possible for the school personnel.

A school-premise accident may result from either negligence or assault and battery. The injuries resulting from physical assault usually happens due to being bullied by another student/s. In this scenario, you may file an intentional tort claim against a school or the parents of at-fault kids. The intentional tort claim is different from the negligence claim. One student may have the intention to hurt another student or may intentionally hurt another student. It is not possible to criminally charge a minor who is responsible for the physical or emotional assault. In this scenario, a personal injury lawyer in Kitchener may recover compensation for your child’s injuries and other losses through Intentional tort claims.

It is essential to establish four primary elements of personal injury lawsuit during both Intentional and Negligence tort claims. In case of negligence claim, a personal injury lawyer in Kitchener has to prove that the school personnel had the duty to supervise and protect a student from harm. It is equally essential to prove that there was a Breach of Duty, as a teacher or other member of the staff has failed to supervise/protect a child. In Intentional tort claims, it may become essential to prove that a student (responsible for attack/insult) breached the Duty of Care, as it may be impossible for a teacher to be present in all places. For example, a teacher cannot be present inside a toilet where a physical assault may take place.

It is important for a claimant to prove that injuries resulted from an accident in order to recover compensation. This is the third provable element of any type of personal injury lawsuit. A personal injury lawyer in Kitchener also needs to establish a connection between the cause of injury and the breach of duty in order to recover compensation, as it proves that an at-fault party is responsible for a student’s injuries and other associated losses.
 
To recover any compensation, it is essential for an accident/assault to take place within the school hours. This is another important element to prove. A personal injury lawyer in Kitchener may even hold a school-board responsible for an accident if it takes place on a school-bus or a field-trip arranged by a school under the guidance of a teacher or other member of school. For more information visit here: ABPC Personal injury Lawyer