OTTAWA- After a serious fatal accident like the explosion this week at Mother Theresa Catholic High School, a number of people have asked if there can ever be liability on the part of a school for negligence where something like an explosion happens in a school shop. Of course it would require an investigation to determine if there was negligence in the case of the fatal injury at Mother Theresa. However, in general it is certainly possible, and indeed fairly common, for schools to be held accountable for negligence which causes injury to Ontario students.
Just like a home or auto owner, school boards have liability insurance that responds to negligence claims that arise on their premises or as a result of school-sanctioned activities. This is good news because it means that claims for compensation do not come out of the school’s budget and do not impact the classroom.
Having said that, not every student injury will give rise to a successful claim, however. In order to recover damages for the injury, or the death of a student, the claimant has to prove that there was negligence.
If your child has suffered an accident at school and you think there may be a claim against the school, contact an experienced personal injury lawyer who can assist you to evaluate the claim and prosecute it if required.