Field trips are one of the most exciting parts of school that many students look forward to. While a trip to the local science museum or to see a historic site can be fun for students as they get out of the classroom for a while, field trips inevitably present many risks for students to become injured if an accident occurs. If your child was injured while on a school field trip, a personal injury lawyer can help you identify who may be held liable.
At the Law Office of Cohen & Jaffe, LLP our experienced lawyers have over 100 years of combined experience helping clients in New York whose children have been injured while on a school field trip. Because the accident occurred while your child was off of school property, many different parties may be responsible for the accident that left your child injured. However, our team of legal professionals can launch a full investigation to identify the liable party in your child’s field trip injury case.
Does Signing a Waiver Eliminate the School as a Potential Liable Party After a Field Trip Injury?
For every school field trip, there will likely be a waiver for you to sign before your child is allowed to attend. These waivers are designed to protect the school from liability in the event that your child falls injured while in their care. However, even if you did sign a waiver, in the event of a serious accident or injury, the school district or another party may still be liable for any resulting losses you have suffered.
When a field trip is coming up at your child’s school, there are two main types of waivers that you may be asked to sign. It is important to understand the difference between these two waivers and how they may affect your child’s field trip injury claim:
General Consent Waiver
This type of waiver involves individuals waiving their right to take legal action against a party in case of harm to themselves or, in the case of a school field trip injury, their child. By signing this form, you acknowledge the risks involved by letting your child attend the field trip, swear that you are participating voluntarily, and all risks have been made clear to you.
Informed Consent Waiver
This type of waiver attempts to limit the school’s liability in the event of an accident by informing children and their parents of the potential risks and responsibilities they assume when participating in a particular activity. However, it is important to know that an informed consent waiver does not shield the school from liability for injuries to children that occur because of negligence of the staff while on the field trip.
Even if you signed either of the above liability waivers before your child was injured on a school field trip, it is important to know that the waiver will only go so far in protecting school districts and school staff in a personal injury claim.
What Parties May Be Held Liable for a School Field Trip Injury?
Waivers do not necessarily protect school districts from liability when it comes to a child who was injured while on a school field trip. In fact, your lawyer can help you collect evidence to prove the liability of the following parties if their negligent actions are what led to your child’s injury:
- School employee
- Supervisor
- Bus driver
Additionally, the liable party in your child’s case may be a third party as well. A third party may be found liable in a school field trip injury case if the party owed a duty of care to your child and there were unsafe conditions on the premises where the field trip took place. Whether the liable party in your child’s case is a member of the school district or a third party, having the help of a personal injury lawyer is essential to ensuring your child gets justice.
Get Help With Your School Field Trip Injury Claim Today
Our team at the Law Office of Cohen & Jaffe, LLP has over 100 years of combined experience fighting for our clients’ rights after their children were injured while on a school field trip. We can help ensure that the negligent party in your child’s case is held liable by building a strong claim and fighting for the justice you deserve.
For more information about our firm and to learn how we navigate school field trip injury claims in New York, subscribe to our Youtube channel. For a free consultation with one of our trusted lawyers, call 516-358-6900 or complete our contact form today.