It depends. Generally, courts will look into the facts of a particular case to determine whether or not a school should be held responsible for the students' injuries. There is no set rule which necessarily requires or bans recovery for the student?s injuries.
Certain factors that courts use can vary, depending on the specific case at hand and normal practices within the state. The following are examples of some common factors that can influence a school?s liability for injury to a student during a field trip:
Yes. There are many state laws that bar public school liability for injuries during a field trip. Therefore, a private school student who is injured during a field trip technically has a better chance of recovering for their injuries. However, it is important to note that many private schools use permission slips, which usually include liability release forms.
Most of the time, yes. However, liability release forms will not prevent recovery for cases dealing with gross negligence (i.e. when the school fails to take safety measures even a careless person would take) or willful/wanton misconduct (i.e. when the school intentionally acts in ways that can cause injury).
If your child was injured during a school field trip, you should contact a personal injury attorney to learn about your rights. A lawyer can tell you about your state?s local field trip laws, and analyze your case to determine the likelihood that you'll be able to recover.
Last Modified: 10-13-2011 01:38 PM PDTLaw Library Disclaimer
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