Areas of Practice

School Injuries Lawyer Toronto

Toronto School Injuries Lawyer

The law explicitly recognizes that children are among the most vulnerable members of our society. As such, there are often special duties and procedures which apply to cases of injury to children that benefit, but also complicate, any potential proceedings.

Among other causes of injury to children, some of the more frequently litigated include accidents that take place on field trips, on playgrounds and in swimming pools. In approaching any such incident, it is important to be aware of the appropriate legal issues that arise from the circumstances. For example, a swimming pool injury could include anything from improper monitoring by attendant supervisors, to defects with the pool equipment itself.

An important legal principle that applies in many school accidents is that of “in loco parentis”. Latin for “in the place of a parent”, this principle entrusts schools with the same standard of care expected of a parent in looking after a child. Teachers, and through them school boards, can be held liable for any damages that result from conduct falling below this standard.

As the principal advocate for the interests of the child, a personal injury lawyer has a very important role in cases of injury to children. Each step of the process – from collecting all the necessary evidence, to applying the relevant legal principles – requires an extra degree of scrutiny. An experienced personal injury lawyer is invaluable to his or her clients in their ability to carefully guide them along the process to obtain the full amount of compensation they can obtain in each circumstance.

Time Limits

There is a two (2) year time limit from the date of your accident, or injury, to file a claim in Court. If no claim is filed in Court, after the two year mark the right to make a claim will likely be lost. It is very important that you contact us as soon as possible after your accident, or injury, to make sure that the time limit is not missed.

There are a few possible exceptions to the two year time limit that are best explained by us. For example, if the injured person was under the age of majority at the time of the accident, or injury, you have two years from their 18th birthday. In some other cases the date the time limit starts is not on the day of the accident, but the day a person of sound mind should have known they have a claim.

Each personal injury case is unique and requires dedication, professionalism, expertise and a personal, hands-on approach.
If you have suffered injury due to the negligence of others, Tony Lafazanis will guide you through every step of the legal process, and ensure you receive the compensation to which you are entitled.
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FAQs

1. What should I do if my child is injured at school?

If your child is injured at school, report the incident to the school as soon as possible and request that the incident be documented. Keep copies of any incident reports, medical records, photographs, and correspondence with the school. Obtaining legal advice early can help you understand your child’s legal rights, preserve important evidence, identify potentially responsible parties, and ensure that any applicable legal deadlines are met. Tony Lafazanis offers a free, no-obligation consultation to discuss your case and explain your legal options.

2. Can I make a claim if my child is injured at school?

If your child’s injury was caused or contributed to by another person’s or organization’s negligence, you may have the right to pursue compensation on your child’s behalf. Every case depends on its specific facts, including how the injury occurred and whether the school, school board, or another party failed to meet the required standard of care. Tony Lafazanis can assess the circumstances of your case and explain whether you may have a claim.

3. What is the legal duty of care owed by schools in Ontario?

Schools and their staff have a duty to take reasonable care for the safety of students while they are under their supervision. In assessing whether that duty has been met, Ontario courts have long recognized the principle of in loco parentis, meaning schools are generally expected to exercise the care that a careful and prudent parent would use in similar circumstances. Whether that standard has been met depends on the facts of each case.

4. What types of school accidents can result in a personal injury claim?

School injury claims may arise from incidents such as playground accidents, sports or physical education injuries, field trip accidents, inadequate supervision, bullying-related injuries where negligence is involved, unsafe premises, slips and falls, defective playground or sports equipment, laboratory accidents, or swimming pool incidents. Whether a personal injury claim exists depends on the specific circumstances of the incident, including whether a school, school board, or another party failed to take reasonable care. Tony Lafazanis can review the facts of your case and explain your legal options.

5. What compensation may be available after a school injury?

Depending on the circumstances of the case, compensation may be available for pain and suffering, medical and rehabilitation expenses, future care costs, loss of future earning capacity, and other damages recognized under Ontario law. Tony Lafazanis can assess your child’s claim and explain the compensation that may be available based on the specific circumstances.

6. How long do I have to start a school injury lawsuit in Ontario?

Under Ontario’s Limitations Act, 2002, claims involving children are subject to special limitation rules. In many cases, the usual two-year limitation period does not begin to run while the injured child is a minor and is not represented by a litigation guardian in relation to the claim. Because limitation periods can vary depending on the circumstances, it is important to seek legal advice as soon as possible to protect your child’s rights. Tony Lafazanis can explain the deadlines that may apply to your case.

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