Accidents at Schools
Schools are some of the busiest public places in our communities, with hundreds of people walking through their buildings and grounds each day. We expect that schools will provide a safe environment for both the children who attend the school and any adult who works in the school. Unfortunately, at times schools fall short of their duty to provide a safe premises, and a person will slip and fall due to a dangerous condition on the floor or ground. If you or your child sustained injuries in a slip and fall accident in a school, you may be able to recover damages for any pain or financial hardship caused by the fall. Collectively, our Cape Cod slip and fall lawyers possess over 150 years of experience representing victims in their pursuit of damages for injuries caused by accidents at schools and other events arising from negligence. We have recovered multiple multi-million dollar settlements and verdicts for our clients.Pursuing Claims Against a School District
While recovering compensation from a school district due to accidents at schools is not impossible, it is only permitted in specific circumstances. In many states governmental entities and their employees have sovereign immunity from liability, but in Massachusetts the Massachusetts Torts Claims Act (Tort Claims Act) allows liability to be imposed upon the Commonwealth, municipalities, and their employees in certain circumstances. In part, the Tort Claims Act provides that public employers can be liable for negligent acts committed by their employees if the act is committed within the scope of employment. As such, if a person falls due to a school employee’s negligent failure to maintain the school’s floor or address a dangerous condition on the ground, a claim may be pursued against the school district. As with other premises liability claims, you must show that the school or its employees knew or should have known of a dangerous condition, the school failed to repair the condition, and the condition caused you or your child to fall and sustain injuries.
The manner in which you must proceed in recovering damages after accidents at schools is different from other slip and fall claims. The Tort Claims Act requires that prior to filing a lawsuit against a school district, you must file a claim with an executive officer of the school within two years of the date of injury. A lawsuit cannot be filed against the school until the claim is denied or six months have passed since the claim was filed. Any lawsuit against the school must then be filed within three years of the date of the injury. Pursuing a claim against a school district or its employees can be a complicated and difficult process, and a knowledgeable personal injury attorney can help.Damages Recoverable
If you or your child sustained injuries in a school slip and fall accident due to uneven pavement or another hazard and the school district is found liable for the injuries, you are entitled to recover the cost of any past medical treatment, including any occupational or physical therapy and any adaptive devices, and the cost of any medical treatment the injured party will need in the future. You may also be entitled to damages for the pain and suffering caused by any injuries sustained. In some cases, if the accident caused either wage loss or loss of future earning capacity, you may need to engage an economic expert to determine the full extent of the financial damages caused by the accident. It is important to note, however, that damages recovered against a governmental entity under the Torts Claims Act are capped at $100,000.00.Meet With a Cape Cod Lawyer After a Slip and Fall Accident
The seasoned personal injury attorneys of the Law Offices of John C. Manoog, III, have a record of obtaining favorable results on behalf of clients who have been injured in slip and fall accidents. We have the knowledge and experience needed to navigate the complicated process of gathering evidence seeking damages in premises liability cases, and will aggressively advocate on your behalf. We represent individuals in Cape Cod, as well as in surrounding areas including Plymouth and Hyannis. Contact us at 888-262-6664 or online to schedule a consultation. Nós Falamos Português.