Tragic Death of Notre Dame Student Highlights Issue of School Liability for Injuries
On October 27, 2010, 20-year-old Declan Sullivan - a junior at the University of Notre Dame - was killed in a freak accident while videotaping a football practice. The young man lost his life when the scissor lift he was standing in toppled over in high winds. He had been standing in the basket of the lift and was raised in the air to get a better view of the team's practice session.
The tragic accident has made waves not only because of where it happened - one of America's most prestigious universities - and how it happened, but also because questions have been posed about who might be held responsible for the young man's death.
While this particular case is unique in the way that the fatal injury occurred (the collapse of a hydraulic lift on a windy day), injuries on school property are certainly not rare. The most comprehensive study to date on the legal liability for school injuries was performed by the Journal of School Health and published in 2007. It found that nearly 4 million children and adolescents are injured on school property annually.
Who Is Responsible for These Injuries?
The circumstances surrounding every injury must be analyzed individually, but possible legal liability for school ground injuries lies with a wide range of entities, and may include:
· School officials (principals/deans, teachers, coaches and bus drivers are commonly named)
· The school's Board of Trustees or other operating body
· Manufacturers of defective products that caused or contributed to the injury
· School districts
· Municipalities
· State governments (in the case of injuries occurring at publicly funded universities)
After the cause of an injury accident is determined, the victim and his or her family must explore legal options. It may be possible to bring a legal claim to recover damages associated with the injury. Such costs might include:
· Medical bills
· Rehabilitation costs
· Lost wages
· Pain and suffering
Costs associated with lost class time (refunds of tuition, room, board and other class-related expenses, particularly at private schools or colleges).
