Injuries at school are unfortunately a common part of the children’s collective. But few people know that for most of them, the child and their parents are entitled to compensation for injuries at school. Whether it is a fall in the hallway, an injury in gym class, or an accident on a school field trip, the school is legally responsible for the safety of children. When does a claim arise and how do I proceed?
We handled a school injury claim for our client, Michaela, who contacted us after her 10-year-old daughter was injured at school. During recess, the children were chasing each other in the yard where there was a long-standing loose concrete curb. Her daughter’s foot tripped on it, fell and broke her arm at the wrist.
The school initially claimed that “the children were at fault”. However, Ms Michaela knew that the school had a duty to supervise and provide a safe environment. She therefore contacted us and we will now show you how we proceeded and what claims she eventually won.
Every nursery, primary and secondary school has a legal duty to ensure the safety of children and pupils at all times while they are in the care of the school. This responsibility extends not only to lessons, but also to breaks, being in the school yard, playgroups, school events or trips. If an accident occurs, there is typically a claim for compensation for injury at school, which is drawn from, for example, the school’s liability insurance if it has one.
However, this does not mean that the school is only liable if someone deliberately neglects something. Liability is strict liability, which means that the school is liable even if a particular teacher did not make any mistake. Typical examples include slipping on a wet floor, falling on an unkempt school playground, or being injured in physical education because of a defective piece of equipment.
The law also differentiates school liability according to the type of school facility and the age of the child. For kindergarten and younger children in the first year of primary school, a higher level of supervision is expected because the child cannot yet fully assess the risks of his or her behaviour. The school’s responsibility here is generally very strict.
In contrast, older pupils in upper primary school and secondary school students are more likely to have their intellectual maturity and ability to follow safety rules taken into account. This does not mean that the school is not liable for the injury – it is just that the specific circumstances of the case are always considered.
However, the school’s strict liability does not mean that the child’s behaviour is never examined. If, for example, an older pupil breaks school rules, safety guidelines or engages in clearly risky behaviour, compensation may be reduced according to the level of his or her contributory fault. However, this does not usually end the right to compensation altogether – it may just reduce the amount. The school may only be exempted from liability in exceptional circumstances, particularly if the injury was caused solely by the child’s actions beyond its control.
In Ms Michaela’s story, the situation was clear: the loose concrete edging was a long-standing problem that the school had neglected. Our legal analysis confirmed that this was a defect causing an increased risk of injury and therefore a full entitlement to school injury compensation, including pain and suffering. In this case, the school’s liability was clear, particularly as it was a long-standing unaddressed defect in an area where children normally go, and the school knew or should have known of the risk.
We can help you get fair pain and suffering compensation and all related costs. We will review the injury record, write up the entire claim, negotiate with the insurance company, and not be put off by a lowball offer.
In order to make a successful injury claim, it is very important to follow a few steps. Many parents are not familiar with them, which is why it often happens that the school or insurance company later denies the claim. Our recommended procedure is as follows:
1. Request a record of the injury: Every school must record the injury in the school’s injury book. In practice, they often do not do this immediately or describe the record inaccurately. You have the right to look at it and have the actual description of the incident added.
2. Get documentation of the scene: photographs, video or witness statements can be crucial.
In the case of Ms Michaela, photographs of the defect on the pavement provided by the pupils themselves were sufficient.
3. The medical report is the basis for quantifying pain and suffering: The doctor must accurately describe the extent of the injury; without this, pain and suffering for a school injury cannot be properly calculated.
4. Do not negotiate with the school alone: Schools often minimize their liability. Ms. Michaela was told by school officials, “This is a common childhood injury.” It was only after our intervention that the school and the insurance company changed their position.
Following these steps will greatly increase your chances of receiving full compensation for a school injury as well as reimbursement for other costs, such as rehabilitation or lost income for a parent.
Parents often think that only pain and suffering is compensable. In fact, several separate claims can be made, namely:
In Ms. Michaela’s story, we recovered not only pain and suffering benefits for our client, but also rehabilitation reimbursement and compensation for the three weeks she was unable to go to work because she was home with her daughter. The total amount paid was several times more than what the school had originally offered her.
The school is responsible for the safety of children at all times while they are in its care – from the first lesson to school trips.
For parents, it is often confusing as to who should actually pay for the damage. But the answer is clear – the school as an institution is responsible. The school may have liability insurance, so that the insurance company actually pays. The issue is therefore not the individual failure of the teacher (unless it was intentional), but whether the injury occurred while the school had the child in its care.
If the school pays the damages, it can, in certain cases, claim what is known as recourse, for example against an employee who has breached his or her employment duties. However, this applies only to the internal relations of the school and has no bearing on the right of the child and parents to compensation. Parents never have recourse.
The school’s liability is determined by law and is very strict. It is enough that there was a circumstance that made the injury possible, such as poorly maintained premises, inadequate equipment, inadequate supervision or a risky device. In Ms Michaela’s case, the fact that the defect was long-standing and no one fixed it was enough. This automatically made the school liable for compensation for the injury at school, even though the child was normally moving around and playing at break time.
The insurance company would then request documentation from the school and determine the extent of compensation. However, if the school makes a mistake, such as failing to adequately describe the injury, failing to prepare a record, or even denying liability, this has a significant impact on the resulting compensation. It is in these situations that an attorney’s intervention is most effective.
Schools and insurance companies have a natural incentive to minimize damages. A parent who is unfamiliar with the law will often accept the first offer, which is often significantly less than what the child is entitled to. Mrs Michaela was in exactly this situation – the insurance company initially offered her CZK 4,500 in pain and suffering damages.
Our lawyers conducted a complete analysis of the case, completed the missing documentation and prepared an accurate quantification of the claims. In the end, the insurance company paid more than CZK 23,000, i.e. five times the original amount, including reimbursement of rehabilitation costs and loss of income for Michaela.
Legal aid is also beneficial because the parent does not have to deal with the school or the insurance company – we take over the communication and recovery completely. This allows the parents to focus on their child’s recovery.
Tip: Has your child been bullied at school? Read our article to find out how you can fight back.
In most cases, an injury to a child at school will give rise to a claim for compensation because the school has a legal duty to provide a safe environment and supervision during lessons, breaks, playgroups and school events – the liability is strict, so it applies even if the teacher has not broken anything. After an injury, parents should have an injury report made, document the scene, secure a medical report, and not negotiate alone, as schools and insurance companies often discount claims. Pain damages, medical expenses, loss of companionship, and loss of income to the parent can be claimed. Damages are paid by the school or its insurance company, and proper documentation is a major factor in the amount of compensation. Ms Michaela’s story shows that expert legal help can significantly boost a claim – after lawyers intervened, she received five times the original offer, including payment for rehabilitation and loss of earnings.
Yes, in most cases, yes. The school’s responsibility is objective, but for older children, their behaviour is also taken into account. If a child has violated school rules or safety guidelines, compensation may be reduced. Each case must therefore be assessed on an individual basis.
Yes, unless the school has liability insurance. If it does, the insurance company pays the cost.
He is obliged to make a record. If he refuses, we will help you recover it and prepare your own documentation for the insurance company.
Yes, if it is documented by a psychologist or psychiatrist and is related to the injury.
Yes. Injury compensation in kindergarten works in the same way as for primary and secondary schools.
Get compensation for harm or damage – quickly and without stress. We will assess your chances, propose a strategy and prepare a challenge. All within 48 hours of placing your order. If necessary, we will then file a lawsuit and arrange legal representation. We will stand up for you fully.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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