Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Slip-and-Fall, Work-related Injury
When a child gets hurt at school or on a playground, the experience is difficult for both the child and their parents. In Louisiana, these incidents are not only emotional—they can also raise serious legal questions. Whether a fall happened during recess or a child was injured in a classroom, understanding who may be responsible is key to knowing your options.
Schools have a legal duty to keep children safe. If that duty is breached and a child is injured, Louisiana law—specifically Civil Code Articles 2315 and 2316—allows parents or guardians to pursue legal action. This can apply to schools, staff, or even equipment manufacturers. While minors can’t sue on their own, their parents can act on their behalf. The usual time limit to file a claim is one year, but this may be extended for minors. Acting quickly helps preserve evidence and strengthens the case.
In a recent case, two five-year-olds were involved in a playground incident at St. George Catholic School in Baton Rouge. One child fell and broke a hip during a game of tag. The lawsuit, brought by the injured child’s guardians, claimed the other child had shown aggressive behavior before and that both the school and the other child’s guardians should have acted sooner.
Initially, a judge dismissed the case, saying young children may not fully understand the risks of their actions. However, the Louisiana Supreme Court disagreed and ordered a trial judge to reconsider. This case brought fresh attention to how courts evaluate prior warning signs and supervision failures.
A 2018 playground injury case resurfaced in 2024 before the Louisiana Supreme Court, reaffirming the importance of evaluating prior warning signs in child injury disputes.
Children can get injured in many different ways while at school or on school property. Some of the most frequent causes include slips and falls, sports mishaps, and fights among students. Injuries can also happen on the school bus, during field trips, or because of faulty classroom furniture or supplies.
Another primary concern is bullying. When school staff fail to intervene or supervise properly, even emotional trauma may result, leading to lasting effects on the child’s mental health.
Article 2315 of the Louisiana Civil Code states that people, including schools, may be held accountable for the harm brought on by their carelessness, fault, or negligence. .
Determining fault depends on the facts of each case. A school may be responsible if the injury occurred due to poor maintenance, such as broken equipment or unsafe walkways. Teachers and staff can be liable for not supervising recess or class properly. If a product or toy caused the injury, the manufacturer may share the fault.
Public schools might have limited immunity under state law, but this protection doesn’t apply when there is clear evidence of negligence. Private schools are held to similar standards but may be governed by different rules depending on their structure and insurance coverage.
Public schools may benefit from sovereign immunity in certain cases, but that protection has limits when clear negligence is involved.
|
Cause of Injury |
Potentially Responsible Party |
Examples |
| Wet or damaged surfaces | School or maintenance crew | Slipping in hallways or bathrooms |
| Faulty playground equipment | School or manufacturer | Broken swings or rusted slides |
| Lack of supervision | Teachers or school staff | No staff watching during recess |
| Bullying or fights | School administration | Ignored repeated reports of aggressive behavior |
| Bus accidents | School or transportation company | Injuries during field trips or commutes |
| Defective classroom tools | Product manufacturer | Sharp-edged rulers or broken chairs |
Physical injuries can usually be treated, but emotional wounds often linger longer. Children may struggle with fear, nightmares, or anxiety after an accident or bullying event. Behavioral changes such as anger, isolation, or mood swings are signs of emotional trauma.
If parents notice these changes, they should consider working with a pediatric therapist or counselor. Emotional distress can also be included in legal claims when supported by a medical expert.
An accurate assessment of a child’s emotional well-being by qualified professionals is instrumental in the healing process and any legal proceedings related to the injury.
The moments after an injury are critical—not just for medical care but also for preserving evidence. Parents should take the following steps:
Get the child immediate medical attention. Keep all records from doctors and hospitals. Please take photos of the injury and the scene where it happened. Speak to any witnesses and ask for statements. Report the incident to the school in writing and request a copy of the accident report.
Keep track of missed school days, therapy appointments, or changes in the child’s behavior or academic performance. This information could be important if legal action becomes necessary.
Yes, you may be able to file a claim if the school fails to provide reasonable supervision or maintain a safe environment. Every case depends on specific facts.
Depending on how the injury occurred, the school, individual staff members, or even a product manufacturer could be liable.
You may pursue compensation for medical expenses, emotional trauma, pain and suffering, and future care needs if applicable.
Yes, in Louisiana, parents or guardians must file personal injury claims for minors. Children cannot file lawsuits themselves.
Private schools are not immune like public institutions may be. However, they still may have internal processes or insurance policies you’ll need to consider.
Louisiana typically has a one-year statute of limitations for personal injury claims, though this may be shorter for minors. Speak with a lawyer promptly.
When a child gets injured at school or on the playground, families deserve answers and support. Louisiana law offers a way for parents to hold negligent parties accountable, but the process can be complex. From understanding liability to gathering documentation, every step matters.
Charbonnet Law Firm, LLC understands how stressful it can be when your child is hurt due to someone else’s carelessness. With decades of experience serving Louisiana families, The firm can assist you in pursuing the justice your kid deserves and in understanding your legal rights.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
