If my child gets hurt at school, is the school liable?

Question

José Manuel Alburquerque · Accepted Answer

Usually only if the injury was due to a failing on the school's part, such as supervision that was inadequate for the pupils' age, facilities in poor condition or a badly organised activity. Knocks and falls that are a normal part of play or sport, with proper supervision, do not usually give rise to compensation. If it is a state school, you claim against the public authorities within one year of recovery or of the after-effects stabilising. If it is a private school or a state-funded private school (“colegio concertado”), you bring a civil claim against the school's owner and its insurer. When the school is liable If supervision failed, taking into account the pupils' age and the risk of the activity. The younger they are, the more supervision is required. If the harm was caused by the facilities or equipment, such as a goal or basketball hoop that was not anchored or a broken piece of playground equipment. If the activity was badly planned or unsuitable for the pupils' age. If another pupil hurt your child during school or after-school activities and under the teachers' supervision. In that case the school is liable. State, private or state-funded private school If it is a state school, you make a claim based on the “responsabilidad patrimonial” of the public authorities, which is their obligation to compensate for the harm caused by their services. It is addressed to the authority responsible for the school, which the school itself can tell you. It is submitted in writing, through that authority's online portal or at any public administration registry, without a lawyer and at no cost. You have one year from recovery or from when the after-effects stabilise and there is no need to try to negotiate first. If it is a private or state-funded private school, you claim against the school's owner and its liability insurer, which you can approach directly. Before suing, you must try to reach an agreement. If it happened in Catalonia, there are in principle three years from discharge from medical treatment, although the prudent course is to make a written claim within the first year. Outside Catalonia, work on the basis of one year. What to do Ask the school for the accident form or report and for the names of the teachers who were present and of the witnesses. Take photos of the place and of whatever caused the injury. Keep the medical reports and the invoices. Ask whether the school has personal accident insurance for its pupils. It usually pays fixed amounts without any argument over whose fault it was and it is different from liability insurance, which pays when the school is liable. If the accident happened during an after-school activity organised by the parents' association or by a company, the party responsible and the insurance may be different.