$495,000 School Premises Liability Settlement
The Batting Practice Case
As parents, we want to ensure that our children are safe every day. When we send them to school, we trust the school to protect them from harm the way we ourselves would. In fact, schools and learning centers have the legal responsibility to keep their grounds safe for their students.
But what happens when a school fails this obligation? If a student gets injured because of an unsafe condition within the school premises, the student’s family may have the right to claim compensation. This is the concept of premises liability.
In one case we handled, our client’s high school-age son was severely injured during batting practice. The boy was walking past the school-operated batting cage when a baseball flew through the net and hit him in the eye. Our team at Kassel McVey later found that the webbed material of the batting cage had not been properly maintained. It was frayed in numerous places, allowing a hard-struck baseball to come through the netting.
Through our representation, the boy’s parent obtained a settlement of $495,000.
There are many other ways a school could fail its safety obligation. Here are some common examples of premises liability accidents in schools:
- A student slips and falls on a slippery floor due to a water leak
- A child falls from monkey bars that the school failed to maintain
- A student obtains severe injuries due to uninspected woodshop equipment
- Students get chemical burns in an unsupervised chemistry class
It’s important to note, however, that not all injuries that occur in schools constitute a premises liability case. For it to be considered premises liability, it has to have these three elements:
- The school had control of the property where the injury occurred
- The injured individual was an expected person in the property (that is, he/she was not a trespasser)
- The school was negligent in some way – it knew of a dangerous condition on its property yet failed to take reasonable steps to correct it.
So, for example, if a group of students are injured while trespassing on school property, the school will likely not be responsible for their injuries. Or if a student twists an ankle during football, it can be assumed to be a normal risk in sports and not a result of the school’s negligence.
Still, if your child was injured at school or college in South Carolina and you suspect that it was due to an unsafe condition, it’s worth it to talk to a lawyer. This is the best way to determine whether you have a premises liability case and what kind of compensation you may be entitled to.
Talk To A Lawyer Today
We at Kassel McVey are experienced in premises liability cases, and aggressive in facing establishments such as schools. As the case above shows, we have a proven track record of winning substantial compensations for our clients. We can do this for you and your family, too.
Let’s start by talking about your child’s accident. Your consultation with us is absolutely free. Call us today at (803) 256-4242.
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Post Office Box 1476
Columbia, South Carolina 29202
Fax: (803) 256-1952
Copyright © 2019 John D. Kassel, Attorney at Law, LLC. All rights reserved. This website is designed for general information only. The information should not be construed to constitute formal legal advice or the formation of a lawyer/client relationship. The results and testimonials listed on this website are specific to the facts and legal circumstances of specific cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters. This list is not a description or characterization of the quality of the firm's representation, it is not intended to compare one attorney's work to another and is in no way a guarantee of a specific result for your case.
My case was a very sensitive one and I felt I needed to obtain an experienced attorney to handle it. Kassel Mcvey did not disappoint my expectations. They handled my case with such precision and I never felt uninformed... They treat you like family.