Can You Sue Your Child’s School if Infected With COVID-19?
This fall, a lot of parents across the U.S. are going to have to decide if they want to send their children to school. Kids across the country have been doing distance learning from home since the Spring. That trend is expected to continue for many families. The risk of sending your son or daughter to school, knowing they can get sick is too great.
What a lot of people want to know is what kind of responsibility schools have toward their students during the pandemic. For example, if your child does get sick, are you allowed to take legal action against the school? And, if the schools do have some sort of immunity, just how broad will that immunity be?
It’s not possible to answer all of these questions with any certainty. The federal government is working hard to provide schools and other institutions with a certain level of immunity. Alternately, some schools may be indemnified by their government if they do get sued.
At the end of the day, parents just want to know that their kids will be safe. There’s no guarantee that your child will become infected if they go to school this fall. But there’s also no guarantee that they won’t get sick. It’s important that you understand what your rights are as a parent in Louisiana. The good news is that you can always call an experienced personal injury lawyer in Lake Charles if you have any questions.
Schools in Louisiana Will Make Their Own Choice Whether or Not to Open
The legislature in Louisiana has had to make some tough decisions when it comes to opening schools. As of early August, they have decided that schools will have to make their own decisions about whether to remain open. If a school feels that they are not able to provide a safe and healthy environment for their students, they need to do the right thing. This may mean that they need to shut their doors until they are ready to meet the state guidelines.
Some of the things that school leaders will take into account when it comes to reopening or closing schools include the following:
- What the local transmission rates are at the time
- How many students attend the school and what the risk is toward those children
- The number of faculty and staff and the risk posed to them
- The risk of spreading the COVID-19 virus at the school
If a school is not responsible in making these decisions, they could open themselves up to liability. In order to pierce any sort of immunity enjoyed by schools, parents and their Lake Charles injury lawyers will need to prove much more than negligence.
Government Has Issued Broad Immunity to Louisiana Schools
One of the main sticking points in the ongoing Coronavirus aid packages has to do with school liability. It doesn’t seem fair to hold schools legally responsible for students or faculty who contract the Coronavirus. This means that, if your child does return to school and gets sick, you probably won’t have a case against the school or municipality.
This is why it’s important that you talk to an experienced injury attorney in Louisiana. They can review your case and give you an idea of whether or not you have a case. Given the immunity enjoyed by schools, it will be very hard to hold them legally and financially responsible.
Contact an Experienced Personal Injury Lawyer in Lake Charles, Louisiana Today
If your child goes to school this fall and contracts the COVID-19 virus, you’re going to be upset. Your child’s safety is your number one concern. You may not be in a position to continue to teach your children from home. You may have been called back to work. Or, you may have been working throughout the pandemic and have learned that you have no childcare for the fall. Either way, know that there are guidelines in place to keep your children safe.
If, however, your child does get sick after returning to school, you may need an experienced personal injury lawyer in Lake Charles. While the schools are going to enjoy a lot of immunity when it comes to the COVID-19 pandemic, that doesn’t mean they’re automatically off the hook. If your attorney can prove gross negligence, you may be entitled to damages. The only way to know for sure is to call our office right away and schedule your free initial consultation.