Keeping pupils safe in schools, preschool and daycare programs, on playgrounds, as well as in other theoretically supervised situations is a primary responsibility of those who administer these types of programs. When a child is injured in a negligent daycare or school situation, the negligent agency will have a greater chance of prevailing when it has very clear and readily available policies which they strictly enforce. In many school premises liability lawsuits plaintiffs are more likely to prevail when the facility in question fails to maintain its campus and/or equipment, does not have a regular (and documented) inspection plan, and does not instruct and supervise students in the safe and appropriate use of equipment. The greatest deterrent to litigation with respect to premises and equipment liability is to keep the building and grounds free of hazards. School administrators must be sure to maintain the grounds and equipment on a regular basis, and ensure that that equipment is safe and properly installed, used, and maintained.
School Policies and School Premises Liability to Avoid Being a Negligent Daycare
Well-documented in-house policies have become the standard by which schools and other agencies assure the health, safety, and well-being of children. Such policies must reflect professional standards of care in the field as well as all applicable federal, state, and local standards and laws. Development and implementation of the policies that address circumstances that may give rise to a child’s injury are important components of a potentially negligent daycare or negligent school’s defense against school premises liability. Equally important, these policies must be thoroughly enforced.
For example, electronic equipment in a classroom is frequently plugged into a multi-plug power strip. Young children are naturally curious and they like to explore how things work. Children have been burned, shocked, and electrocuted when a staff member did not cover unused outlets on a strip. Even if the administration has no knowledge of a teacher using a power strip, a policy prohibiting their use without the express permission of the administration gives the administration control. If a teacher ignores the policy, uses a power strip in the classroom, and a child is injured by it, the school might argue that it had the appropriate policy but the teacher failed to follow it.
The existence of a well-documented policy alone, and even communicating it to staff, however, might not be enough to persuade a jury that the school had done all it could to prevent the injury. The plaintiff might be able to demonstrate that the policy stated that regular inspections would take place during the school year but, in this case, none were completed. The question might then become: “Had inspections been conducted as required by policy, and had the power strip been removed from the classroom in an inspection, would the child have been injured?”
There are countless examples of how a well-documented safety and inspections policy can shift the dynamic of responsibility at a school and a daycare. The fact remains that if a child is injured under the supervision of a professional, some is to blame. If your child’s daycare program, school, camp, youth group, or other supervised activity doesn’t seem to have the appropriate policies and procedures in place, your child may be at risk. If your child has already been injured, our team of premises liability attorneys at Shocklee Paolino is here to help you protect your rights and keep your child safe. Call us today for a free consultation at (727) 498-8771.