LEGAL GUIDE
Written by attorney Donald Joseph Banovitz | Apr 26, 2013

Kids Camp Injuries during Sleepaway Camps or Overnight Class Trips

Kids camp injuries can cause a lot of confusion over child injuries liability on an sleepaway camp or an overnight class trip. With a variety of complex issues that could be factored into this type of case, it would be in a claimant’s best interest to seek legal advice through an Arvada personal injury attorney in Colorado.

Kids Camp Injuries and Negligence in School-Related Activities

Even when injuries occur on school property, liability issues can be difficult to navigate through. However, when injuries occur off grounds and it is a school-sponsored event, there may be additional challenges.

Keep in mind that public schools are sometimes granted immunity from lawsuits because they are a government entity. But that doesn’t necessary mean no one can be held responsible for a child’s injuries.

One of the first issues that needs to be considered is if negligence was a contributing or sole factor in the child’s injuries. If there was a foreseeable risk or knowledge of a danger and nothing was done to prevent the child from being injured, this could be considered negligence.

However, if the child chose to engage in behavior that was careless or reckless, it might be more difficult to hold the school responsible. Then again, if there is evidence that there was a lack of supervision, this could impact liability.

Another element that could be factored into this type of case is if the parent or guardian signed a release of liability form. A release of liability form is oftentimes used to protect the school and its representatives from being held responsible for injuries the child sustains.

At the same time, it could be argued that risks for which a parent would have no knowledge of cannot be waived. So it may depend on what caused the kids camp injuries, along with other relevant factors.

Impact of Governmental Immunity on a Claim for Child Injuries

Sovereign immunity prevents lawsuits from being filed against government employees and institutions. Immunity can sometimes include schools, depending on the circumstances.

Yet a school’s responsibility to supervise or warn of known dangers isn’t necessarily discounted. When there is a failure to provide a duty of care, this could be extended into an overnight trip.

It would need to be proven that the duty of care owed to a child was breached. In other words, an act of negligence was the cause of the child’s injuries.

Of course, each situation is different with varying factors that could play into this situation. For instance, the age of the child may play a role in a case, which might be treated differently if the child is in fourth grade compared to a senior in high school. In general, the younger the child is, there is a higher liability that falls on the school.

Another consideration is that the school and its representatives weren’t the cause of the child’s injuries. Kids camp injuries could have resulted from negligence from the camp or another facility where the children were hosted.

There can be so many elements that need to be considered when determining the viability of a claim and who is responsible during a sleepaway camp or overnight class trip. Talking with an Arvada personal injury attorney in Colorado can help in learning if there are legal options available. D. J. Banovitz may be able to help with kids camp injuries.

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