Every parent wants to believe that their child is safe while at school. Schools in Ontario are entrusted with the care and supervision of children for a significant portion of each day, and most take this responsibility seriously. However, children do get injured at, during extracurricular activities, or even on the way to and from school. When a child is injured at school, parents are often left with questions about their child’s rights, the school’s responsibilities, and whether compensation may be available to help with medical bills, rehabilitation, and other losses.

Common Types of School Injuries in Ontario

Children can be injured at school in a variety of ways. Some of the most common causes include playground accidents, slips and falls in hallways or cafeterias, sports injuries, bullying or assaults by other students, accidents during field trips, and injuries caused by unsafe equipment or poorly maintained facilities. In some cases, children may also be harmed by exposure to hazardous substances, such as cleaning chemicals or allergens, or by inadequate supervision leading to preventable incidents.

Playground injuries are particularly common among younger children. These can range from minor scrapes and bruises to more serious injuries like broken bones, concussions, or even traumatic brain injuries. Sports and physical education classes are another frequent source of harm, especially if proper safety equipment is not provided or if activities are not adequately supervised. Slips, trips, and falls can occur anywhere on school property, often due to wet floors, cluttered hallways, or uneven surfaces.

Who Is Responsible When a Child Is Injured at School in Ontario?

Determining liability for a school injury can be complex. Schools and school boards have a legal duty to provide a reasonably safe environment for students. This includes maintaining facilities, providing adequate supervision, and taking reasonable steps to prevent foreseeable harm. If a school fails in this duty and a child is injured as a result, the school or school board may be held liable for negligence.

However, not every injury at school will result in compensation. The key question is whether the school or its staff acted unreasonably or failed to meet the standard of care expected in the circumstances. For example, if a child is injured because playground equipment was broken and the school failed to repair it or warn students, this could be considered negligence. Similarly, if a teacher fails to supervise students during a high-risk activity and an injury occurs, the school may be responsible.

In some cases, third parties may also be liable. For example, if a child is injured by a defective product, such as a faulty swing or sports equipment, the manufacturer or supplier may be responsible. If another student intentionally harms your child, there may be grounds for a claim against the other student’s family or, in some cases, the school if it failed to address known bullying or violence.

What Compensation Is Available for a Child’s Injury in Ontario?

If your child is injured at school due to negligence, you may be entitled to compensation for a range of losses. These can include medical expenses (such as hospital bills, doctor visits, medication, and rehabilitation), costs of future care if the injury is serious or long-lasting, pain and suffering, loss of enjoyment of life, and, in some cases, loss of future earning capacity if the injury results in a permanent disability.

The process for seeking compensation typically begins with notifying the school or school board of the injury and the circumstances surrounding it. In some jurisdictions, there are strict timelines for providing notice, so it is important to act quickly. If the school or its insurer does not offer a fair settlement, it may be necessary to pursue a legal claim through the courts.

Steps to Take If Your Child Is Injured at School

If your child is hurt at school, your first priority should always be their health and safety. Seek medical attention immediately, even if the injury seems minor. Document the circumstances of the injury as thoroughly as possible. This includes taking photos of the scene, the injury, and any hazards that may have contributed. Obtain contact information for any witnesses, including teachers, staff, or other students.

Report the injury to the school administration in writing and request a copy of any incident reports. Keep records of all medical treatment and expenses, as well as any communications with the school or its representatives. If you believe the injury was caused by negligence, consult a personal injury lawyer with experience in school injury cases. They can help you understand your rights, gather evidence, and navigate the claims process.

Protecting Your Child’s Legal Rights After a School Injury

While schools are generally safe places, accidents can and do happen. When they do, it is important for parents to know that they and their children have rights. Compensation can help cover the costs of recovery and ensure that schools are held accountable for providing a safe environment. If your child has been injured at school, don’t hesitate to seek legal advice to protect their interests and secure the support they need for a full recovery.

For more information or to discuss your child’s situation, contact our office today. We are here to help you every step of the way.