Articles Posted in Injuries at School

Sexual assault on college campuses is a major problem, in Florida and nationwide. The U.S. Justice Department reports that in an average year, one out of every 20 female college students will suffer a sexual assault, with roughly 80 to 90 percent of those involving an acquaintance.

As West Palm Beach personal injury attorneys, we recognize that beyond the criminal aspects of a case, there is often a question of civil liability. Sometimes, this surfaces in the form of failure to provide adequate security or have appropriate policies in place. We would also look at the possibility of a violation under Title X of the Education Amendments of 1972, specifically whether there has been an issue of deliberate indifference regarding the rape (or sexual harassment).

The U.S. Supreme Court has ruled that a college or university that receives federal funds could be held legally liable to pay compensation to a victim of student-on-student sexual harassment or rape if the victim can prove that university officials acted with deliberate indifference to known acts in its programs or activities.
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A reporter for The Atlantic recently spent a year delving into the “Dark Power of Fraternities” on college campuses. This investigation involved not only the way that universities use these organizations to market college as a “party” to students soon-to-be-saddled with enormous debt, but also the power these operations wield in the legal sphere when serious problems arise.

Cases of injury resulting from hazing and excessive alcohol consumption at college fraternities in recent years have been numerous. Just recently, the case of Yost v. Wabash College was heard before the Indiana Supreme Court, after a fraternity brother tried to sue the school, the local and national chapters of the fraternity and one of his “brothers” for a hazing incident that left him with serious and permanent brain damage. The court upheld only his right to pursue the claim against the local fraternity chapter and the fellow fraternity brother.

Our Fort Lauderdale injury lawyers recognize that on-campus Greek organizations can be an incredibly positive experience for many students. However, when injuries or illnesses do occur as a result of negligence by the organization or school leadership, victims must be prepared to put up a fight. These organizations often have a considerable amount of influence, power and resources.
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Despite all that we’re hearing about the fight against bullying, there are still far too many children who are seriously injured while on school grounds, according to a recent study published in Pediatrics. According to NBC News, there are more than 90,000 school children who are the victim of “intentional” injuries that are serious enough to land them in the E.R.

While there has been a decrease in this number in the last decade, it’s been very small. It’s important to point out that the study only observed incidents in which a school child wound up in the E.R. The true number of injuries is likely much higher.

Our child injury lawyers in Vero Beach understand that bullying is largely unreported. Oftentimes, children are hesitant to come forward to an adult about bullying and little is ever done about it. Officials are hoping that this recent study shines more light and attention on the problem.
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Sadly, reports of mass shootings have become commonplace news nationwide. Recently, some mass shootings have even failed to make a headline. As law enforcement agencies gear up for criminal proceedings after an attack, victims and their loved ones will try to restore their lives. In some cases, a shooter will take his own life in the act. Regardless of whether the shooter survives or is convicted and sent to prison, victims and their families want answers. While a criminal investigation and prosecution can relieve some pressure in a community, many of those affected by a tragedy will still ask, why did this happen? How could it have been prevented? Who is at fault?

Theories of liability
In the event of negligence, recklessness, or even intentional homicide, an experienced advocate can investigate to determine the cause of injury or death and identify responsible parties. Our Fort Lauderdale wrongful death lawyers are experienced in handling complex injury cases and pursuing full benefits on behalf of victims. Mass shootings and the associated liability remains a developing area of law.
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More than 300 Broward County public schools faced an afternoon-long lockdown on Wednesday after the wife of a disgruntled resident called a local radio station and said her husband planned to shoot randomly at students and teachers, the Miami Herald reports.

Broward County Public Schools is the sixth largest school system in the country and services more than 257,000 students. Our Fort Lauderdale personal injury lawyers understand that for parents and families few things are more frightening than learning their child may be at risk – not of academic failure – but of exposure to an act of random violence simply by being at school.

The lockdown began shortly after 10:30 a.m., quickly spread countywide, and ran through the end of the school day. Adult education and after-school programs were also canceled for the day. Schools in Broward and Miami-Dade Counties were closed Thursday in observance of Veterans Day, but classes resumed on Friday as normal.

The Centers for Disease Control estimates that about 55.5 million students attend K-12 programs and another 15 million students are enrolled at college-level institutions across the U.S. While our nation’s schools are considered safe, almost 40 percent of public schools reported at least one act of violence on campus to police in 2006 and nearly a quarter of students say gangs are active on campus.

One in 10 teachers in urban districts admit to having been threatened by a student, while more than 12 percent of students have engaged in a physical fight on campus. Between 6 and 8 percent of students have either brought a weapon to school or been threatened with a weapon on school property. On average in 2006, there were 29 acts of violent crime – rape, robbery and sexual or aggravated assault – per 1,000 students.

While the homicide and suicide rate for school-age children represent less than one percent of all violent deaths faced by this age group, 116 students were killed in 109 incidents during the last seven years. In fact, since 1996, U.S. school districts have reported 44 separate incidents of school shootings. During the same time frame, 14 school-shooting incidents were reported internationally, the Family Education Network reports.

With all that said, school officials and administrators have an obligation to their employees and students to provide a safe learning environment. Aside from teaching, campus staff should be focuses on ensuring protection of students and staff from potential acts of violence. When a student is injured at school, whether on a school bus, in a sporting accident or through assault or other acts of violence or accident, a family can and should seek legal representation and compensation for injuries and loss.
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