From the Selma Times Journal:
Following a ruling by the Dallas County Circuit Court, which dismissed all cases against the three Selma Police Department (SPD) officers indicted last year, Montgomery attorney Julian McPhillips held a press conference alongside officers Toriano Neely, Jeffrey Hardy and Kendall Thomas Thursday.
McPhillips called the ruling “historic and unprecedented” and condemned the actions of Special Agent Susan Smith of the Alabama Attorney General’s office, who presence during grand jury testimony ultimately led to the officers’ cases being dismissed.
Read the entire article at the Selma Times Journal.
What is the Alabama College Campus Concealed Carry Law? Can I carry a concealed weapon on an Alabama college campus?
In the first nine months of 2018, there were 36 school shootings in the United States, resulting in 81 injuries and 42 deaths. While some believe that more regulations are necessary to stop these events, others want to protect the lives of students and staff by allowing concealed weapons on certain campuses.
This is a hotly debated topic, and it is an issue that is currently addressed at the state level. Some states allow people, including teachers and students, to have licensed concealed weapons on campus and others don’t permit the practice. Still others have tight restrictions on who can do this and under what circumstances. In some states, the decision to allow concealed weapons on campus is left up to the individual college or campus.
The Citizens Crime Commission of New York City conducted a study on campus gun violence. It found that, between the 2010-11 and 2015-16 school years, on-campus shootings increased from 12 to nearly 30, a 150% increase. Since 2011, there have been close to 200 shootings on college campuses, with the most incidents taking place in California, Florida, Tennessee, Virginia, Georgia, and North Carolina. If you’re wondering whether you can carry a concealed weapon on an Alabama college campus, the answer is, “It depends.”
States that Forbid Concealed Weapons on College Campuses
Although many states allow citizens to apply for a concealed carry permit and have a concealed weapon on their person, they draw the line at permitting this on a college campus. The 16 states that have expressly forbidden this include:
- New Jersey
- New Mexico
- New York
- North Dakota
- North Carolina
- South Carolina
States that Allow Concealed Weapons on College Campuses
Some states have given a blanket approval for people to conceal and carry firearms on their public college campuses. Tennessee only allows faculty to have this privilege. Both Arkansas and Georgia are the most recent additions to the states that allow faculty, students, and visitors to conceal and carry on campus. Other states that allow this include:
States that Leave the Decision Up to the Individual College or Campus
That leaves 23 U.S. states, all of which put the decision on conceal and carry into the hands of the individual colleges or campuses. When it comes to Alabama, there have been some decisions that apply statewide.
For example, the Alabama Community College System has a rule (Board Policy 511.01) stating that no guns are allowed on the state’s community college campuses – with a few exceptions. Law enforcement officers who are either acting in the performance of their duties or who are enrolled in classes may carry firearms. Firearms are also permitted when they are part of an instructional program at the school.
The entire University of Alabama system has established a “Dangerous Weapons & Firearms Policy.” The policy expressly prohibits any “dangerous weapons” on its campuses. These include:
- Any device that delivers or shoots a bullet, pellet, BB, dart, arrow, electrical charge, flare, or other projectile, whether loaded or not, including any devices powered by CO2.
- Any devices or instruments that can be used as a weapon to threaten someone or inflict injury, including non-culinary knives that have a blade longer than four inches.
- Any fireworks or other explosive devices.
The policy forbids anyone on campus from having such things as guns, rifles, ammunition, crossbows, swords, tasers, and air guns. It applies to students, faculty, staff, and visitors. The only exception applies to law enforcement officers who are on duty. Private security officers and other staff with an express purpose must receive pre-approval from the university to have a firearm on campus.
Do You Have Questions About Your Gun Rights in Alabama?
Gun laws can be complex, particularly when a regulatory body decides to make sweeping changes. Running afoul of the law when it comes to a firearms regulation can lead to some unpleasant consequences not to mention a potentially dangerous encounter with law enforcement.
If you have been accused of violating a gun law or have questions about Alabama’s laws related to firearms, contact the knowledgeable attorneys at McPhillips Shinbaum, LLP for assistance. Reach us at our Montgomery office at 334.262-1911.
Suffering a serious injury can be a devastating experience, and one that leaves you with high medical bills, financial losses in the form of lost wages, and pain and suffering. If you have been seriously injured as a result of another party’s negligence, you may be considering filing a personal injury case.
Before you file your personal injury case on your own, though, understanding the different elements of a personal injury case, and the benefits of working with a skilled lawyer, can be helpful. One of the most important reasons to consider hiring an experienced personal injury attorney is that they will have longstanding relationships with specialists, and the resources to bring in expert witnesses.
Why Are Expert Witnesses Important in a Personal Injury Case?
Winning a personal injury case can be difficult, especially if you are unfamiliar with the legal system and are pursuing damages unrepresented. This is because there are four set elements of a personal injury claim that you must prove in order to recover compensation. These are:
- Duty of care;
- Breach of duty of care;
- Causation; and
Essentially, you must prove that the party against whom you’re filing a civil action owed you a duty of care, breached the duty of care owed to you as a result of their negligence, that this negligence was the direct cause of your accident, and that you suffered actual damages as a result.
Proving these four elements will take more than just your opinion; instead, hard evidence is a must. This is especially true in Alabama, where the courts apply the legal doctrine known as “contributory negligence” in personal injury cases. Under this doctrine, any party that shares fault for an accident and subsequent injury is barred from recovering damages. This makes it all the more important to compile various forms of evidence and develop a rock-solid case.
One of the best ways to put the evidence of the case in proper perspective for the judge or jury and help substantiate your claim is through the opinion of expert witnesses.
Common Types of Expert Witnesses
There are a number of different expert witness types that may be useful in your case. Examples include medical professionals (doctors, medical specialists, psychiatrists, etc.); accident reconstruction specialists; forensic specialists; financial experts; and more. These experts can be used to offer insight into how your accident occurred, whether or not the defendant breached the duty of care owed to you, and the value of the losses you have suffered.
It is important to note that not only are expert witnesses important in personal injury claims, often providing expert opinion that is undisputed about how an accident occurred or the severity of related injuries, but that their opinions are sometimes required. For example, in a medical malpractice case, you must hire an expert who can attest to the fact that the defendant breached the medical standard of care.
Are Expert Witnesses Expensive?
One of the biggest barriers to working with an expert witness is that expert witnesses are typically very expensive to hire. In fact, hiring an expert to work on your case or testify as part of your suit can cost hundreds or thousands of dollars. One report found that just an initial review from an expert is a few hundred dollars on average, and that a deposition is even more expensive. Fees for certain specialties, like plastic surgeons and neurosurgeons, are higher.
The expenses that are associated with expert witnesses often make hiring them unrealistic for the average person who has suffered serious injuries, is dealing with financial losses, and is pursuing damages without professional legal representation.
Our Law Firm Has the Resources Necessary to Hire Experts for Your Case
Deciding between bolstering your case, potentially recovering the maximum amount of compensation available to you, and forking out hundreds of dollars for experts’ fees can be a tough decision. In some cases, you simply may not have the cash, meaning that recruiting an expert is inaccessible.
When you work with the personal injury lawyers at the offices of McPhillips Shinbaum, LLP, hiring experts is not something you need to worry about. Our lawyers cover 100 percent of the fees associated with your case, including experts’ fees, and never request upfront payments from you. Instead, we work on a contingency fee basis, which means that if your case is successful and you recover a settlement, we will be paid an agreed upon percentage of your winnings. If you don’t win, we don’t collect a payment.
Schedule a Consultation Today
To learn more about the role of expert witnesses in a personal injury case and how our firm can help you, please call us at 334-262-1911 or visit our Montgomery law office in person. Consultations are offered free of charge.
Whether you are acting as a passenger in the car of a friend or family member, operating a motor vehicle yourself, or riding in an Uber or Lyft as a passenger, knowing when a motor vehicle accident is going to happen is impossible. What you can figure out, though, is what steps you need to take after a motor vehicle accident happens in order to receive compensation for your injuries.
If you have suffered accident injuries while riding in an Uber or other rideshare vehicle and have questions about liability and pursuing damages, our lawyers at the offices of McPhillips Shinbaum, LLP can help.
Here’s what you need to know about liability in an Uber accident:
Who’s Responsible for My Injuries?
In Alabama, liability for an accident (which means who is legally responsible for the accident and related damages) is based on the legal doctrine known as “contributory negligence.” Under the contributory negligence doctrine, if you are even 1% at-fault for the accident (for example, if you were a bicyclist who swerved into an Uber vehicle), you are barred from recovering damages. In other words, you need to prove that the other party (or parties) are 100% responsible.
Potentially at-fault parties might include:
- The Uber driver. The Uber driver may be to blame for the accident if their own negligence was the direct cause of the accident. Examples of negligent actions that drivers may engage in when behind the while include texting while driving, driving while distracted, driving while impaired, driving aggressively, speeding, and more.
- The driver of another vehicle. If the Uber vehicle in which you were riding and another vehicle collided, a potential source of liability is the driver of the other vehicle. If their negligent actions–like making an illegal turn, following too closely, or driving while fatigued–caused the crash, they can be held liable for your damages.
- A third party. In some cases, a third party may be to blame. Examples of third parties who are sometimes held liable or partially liable in car accident cases include manufacturers of defective vehicles/vehicle parts or municipal governments that fail to perform proper road maintenance.
Insurance Policies Available to You
It is not enough to just prove fault; you also want to make sure that the at-fault party is covered by an insurance policy that can pay for your damages. If an at-fault party does not have insurance, they may be found liable for the harm you’ve suffered, but may not have enough assets to offer you what you deserve in compensation. In an Uber accident, there are usually myriad different sources of insurance and potential compensation available, including:
- Uber insurance. Uber maintains an insurance policy for all of its drivers who are carrying passengers. The coverage offers up to $1 million in third-party liability coverage, uninsured/underinsured coverage, and contingent collision and comprehensive coverage.
- Liability insurance of the other driver. All drivers in the state of Alabama are required to carry liability insurance. This insurance is used to pay for damages they cause to others.
If you maintain insurance, such as health insurance, this too will of course help to pay for your medical bills after a crash.
How to Prove Fault and Liability
In many cases, determining fault and proving liability can be complicated. For obvious reasons, no party wants to assume fault and shoulder the blame, and neither does their insurance company. In fact, insurers will often try to disprove any allegations of their policyholders’ fault in order to avoid high settlement awards.
This means that you have a duty to substantiate fault if you want to recover the maximum amount of compensation available to you. Our rideshare accident lawyers can help. We know how to thoroughly investigate your case, work with experts to garner professional opinions about accident causation and damages, gather evidence, and organize case data in a compelling manner. We are also skilled negotiators who are confident in our ability to fight for the settlement you deserve, and we have extensive litigation experience and are not intimidated by the courtroom.
Contact Our Law Firm Today
If you are in a rideshare accident, working with a lawyer can be monumental in recovering the compensation award you deserve. At the offices of McPhillips Shinbaum, LLP, we work on a contingency fee basis and are passionate about what we do. Call us today for a free consultation at 334-262-1911 or visit our Montgomery office in person.
If you or someone you love has been injured as a result of someone else’s negligence – car or truck crash, motorcycle accident, slip and fall, or wrongful death – you may decide to pursue damages and seek compensation for your losses. When the accident wasn’t your fault, it’s not fair that you should be stuck with medical bills, lost wages, and the pain and suffering that come with these tragic circumstances.
An Alabama personal injury case is often the best way to achieve a positive outcome, which includes an award for the damages you need and deserve to move on with your life. But, this can be a daunting process, and you may not want to jump into something that is going to take years to resolve.
You may wonder if your injury case can be resolved quickly? It certainly is possible, but if you settle quickly, you most likely won’t receive the full value of your case. Your Alabama personal injury attorney will want to make sure that your rights are protected, and you aren’t shortchanged in the process. There is a basic timeline for all personal injury cases as well as several factors that could delay your settlement.
Alabama Personal Injury Case Timeline
Each personal injury case is unique, but they all progress according to a similar timeline. Between the date of the accident and the resolution of your case, these are various milestones that you can expect:
- Medical treatment. After you’ve been involved in an accident, you should seek immediate medical care. This could be ongoing until you stabilize, lasting anywhere from a few months to several years.
- Consult an attorney. Speak with an experienced Alabama personal injury attorney as soon as possible after your accident about your rights and legal options.
- Claim investigation. Your attorney will investigate your case and collect the evidence necessary to substantiate your claim.
- File an insurance claim or demand a settlement. Many personal injury cases settle before going to court. Your attorney will file claims with the appropriate insurance companies and speak to you about your settlement options.
- File personal injury lawsuit. If you are unable to reach a fair settlement agreement that fully compensates you for your losses, your attorney will file a personal injury lawsuit. Getting a trial date can take a year or more.
- Both sides will engage in the investigation of each other’s claims and legal defenses. There will be written questions (interrogatories) as well as depositions of witnesses and other interested parties.
- Mediation and/or arbitration. Before a trial, both parties will attempt to settle the case again through mediation, arbitration, or both.
- If your case does not settle by this point, you will go to trial. The defendant can also appeal the decision if they lose.
Factors That Could Delay Your Personal Injury Case
Not all personal injury cases settle quickly. In fact, an insurance company that tries to push a quick settlement may be trying to get off the hook for much less than your case is actually worth. There are three common reasons that personal injury cases take a long time to resolve.
- There are problems with the case. Your case might take longer to settle if there are questions or disputes around two issues – liability (who was at fault) and damages (the severity of the injury or other losses).
- The case is “valuable.” The more money your case is worth, the more resistance you will meet from the other side. An insurer will insist on either investigating or fighting every aspect of your case if “big money” is involved.
- You haven’t stabilized medically. A personal injury case becomes difficult to settle if you are still receiving treatment for your injuries. Once you reach maximum medical improvement, the parties can place a more accurate value on your damages.
Speak With An Experienced Alabama Personal Injury Attorney
The Alabama personal injury attorneys at McPhillips Shinbaum, LLP, have over 153 years of combined experience helping injured victims seek justice in a variety of personal injury matters. If you or someone you care about has been injured due to another party’s negligence, our seasoned Alabama personal injury lawyers can help you recover damages for medical care, lost wages, pain and suffering, and more.
Contact our Montgomery office now at 334.262.1911 or reach us online to schedule your initial consultation.
If you’ve recently been laid off or fired from your job and believe you have been wrongly subjected to this action, you might wonder whether or not you have the right to sue your employer for wrongful termination. While you may feel you have a case for wrongful termination, unfortunately many cases do not qualify as wrongful termination.
Alabama, like many other U.S. states, is an at-will employment state. This means that either you or your employer can end the employment relationship at any time and for any reason. You can quit whenever you want and your employer can fire you for most any reason.
But, even in at-will employment states like Alabama, there are certain exceptions to this rule. There are several instances in which your employer is not permitted to just terminate your employment. If you are fired for one of these reasons, you may have a wrongful termination case, so contact an experienced Alabama Employment Attorney right away to discuss your case.
What is Wrongful Termination in Alabama?
Also known as wrongful dismissal, wrongful termination refers to an employer firing someone when they don’t have the legal right to do so. In Alabama, your job termination may not be lawful if you:
- Were terminated due to discrimination
- Were fired for retaliatory reasons
- Were fired in violation of an employment contract
- Were terminated because you were a union member
- Were fired for taking lawful time off of work after giving proper notice
Your Options After a Wrongful Termination
If you believe that you were wrongfully let go from your job, some of the ways that you can pursue justice include:
- Severance agreement. You can try to negotiate a severance package with your employer on your own. In most cases, an employer that fires you unlawfully isn’t going to be ready to also hand you a deal without a fight. You might receive a lowball offer, but it is likely much less than your case is worth.
- Internal grievance. An internal grievance works best when you believe that you are about to be terminated. Once you start this internal process, it becomes more difficult for your employer to fire you because it will show clear retaliation. If you’ve already been fired, you may be able to get your employer to agree to a post-employment grievance through arbitration, if the company has such a procedure available.
- Union grievance. If you are a member of a union, file a grievance through that organization. Your union contract will outline the rules for a grievance as well as rules for firing a union member.
- Discrimination claim. If you believe that you were unfairly terminated due to discrimination based on race, ethnicity, religion, sex, pregnancy, or age (if age 40 or older), you can file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC). However, there are time frames you must adhere to or forever lose you right to file a claim. Call McPhillips Shinbaum immediately after your termination to discuss your rights and the statute of limitations. In fact, this is a requirement in Alabama workplace discrimination cases before you can file a wrongful termination lawsuit.
- Wrongful termination lawsuit. Most employees who are wrongfully terminated choose to sue their former employer because it provides the best opportunity to produce results. Provided you have sufficient documentation to prove your case, including copies of performance reviews, salary information, and correspondence, a wrongful termination suit can help you collect the compensation you deserve from an employer who stepped across the line if you do so within the appropriate time frame.
Speak With An Alabama Wrongful Termination Lawyer Today
If you believe that your termination falls under one of the listed exceptions, you may pursue any of the listed options, including filing a wrongful termination suit against your employer. Few of these cases reach a courtroom, and a majority are settled if the employee can show evidence that they were fired for a reason that was impermissible.
A successful wrongful termination suit can accomplish several things. You may be able to recover your job, lost wages, compensatory damages, and other expenses associated with losing your job. If you feel that your termination was not lawful, an experienced Alabama wrongful termination attorney can review your case and advise you of your options. Contact the experienced wrongful terminations attorneys at McPhillips Shinbaum to make sure your rights are protected and that you file your claim within the statute of limitations.
At McPhillips Shinbaum, LLP, our qualified Alabama employment law attorneys have been fighting for the rights of Alabama’s workers for over three decades. Contact our Montgomery office now at 334.262.1911 or reach us online to schedule a confidential case evaluation.
Crashes involving big rig trucks can be devastating and are happening with greater frequency in Alabama. Interstate commerce needs have put more tractor trailers on our nation’s roads, and they are being driven further than ever thanks to a critical driver shortage.
Because of the violence surrounding a crash involving a large commercial truck, many of these accidents involve very serious injuries and often result in loss of life. One of the best ways to stay safe on the road is to have a better understanding of the dangers of these big rigs and know how to best avoid accidents with large commercial trucks.
The Dangers of 18-Wheelers
There are roughly half a million accidents involving big rigs on our nation’s roads each year. The maximum weight for one of these vehicles is 80,000 pounds of gross weight, which is over 15 times heavier than the average passenger car. When accidents happen, they are often due to truck driver error. Some of the most common mistakes that lead to these devastating crashes include:
- Substance abuse. Somewhere between one third and one-half of large truck drivers involved in accidents also use some type of drugs. These can impair decision-making and reflexes.
- Driver fatigue. Another truck driver impairment and cause of accidents is the extreme fatigue that comes with working and driving too many hours.
- Blind spot errors. When truck drivers are fatigued, impaired, or distracted, they may lose track of vehicles in their blind spots, which could lead to a serious crash.
- Speeding is extremely dangerous in any vehicle but can have tragic consequences when a commercial truck exceeds the speed limit. Speeding trucks can cause rollover accidents, jackknife accidents, and multicar crashes that result in severe injuries or death.
How to Avoid Accidents With Big Rig Trucks
Passenger car drivers may need to operate their vehicles more defensively around large trucks. Since a truck’s visibility and stopping time may be diminished, a passenger car driver maintains the most control over their vehicle. While this doesn’t mean that you would shoulder the responsibility for a crash, keeping yourself and your passengers safe should be a priority. Some of the things that you can do to avoid one of these dangerous truck accidents include:
- Keep a safe distance. Many big rigs have signs and stickers warning of their limited visibility. Take these seriously. As a general rule, you should try to stay as much as four car lengths behind a truck and avoid changing lanes right in front of them.
- Know the “no” zones. That limited visibility that trucks have is because of their blind spots that are referred to as “No Zones”. When driving near these massive vehicles, stay out of these blind spot areas, which are on all four sides of the vehicle.
- Pass big rigs safely. Use extreme caution when you pass a big rig. If you are on a two-way road, it’s going to take much longer to pass a truck than another car, and your visibility could be limited for part of the time. Always pass on the left side, use a turn signal to announce your intentions, and wait until you are six or more car lengths ahead of the truck to re-enter the lane.
- Give trucks space to turn. Big rigs require a significant amount of space to turn, and you risk being trapped or causing an accident if you creep up on their right side. Always use extra caution around intersections.
- Report unsafe operation. If you ever witness a truck driving erratically, operating too fast for conditions, or driving with an unsafe load, pull over and report it to the authorities. You may end preventing a serious crash.
Speak with an Experienced Alabama Truck Accident Lawyer
Most big rig truck crashes are avoidable. While they aren’t all the fault of the truck driver, many are. If you have been injured or lost a loved one in one of these tragic accidents, the experienced Alabama truck accident attorneys at McPhillips Shinbaum, LLP, will investigate your claim and work diligently to protect your rights.
Our Alabama personal injury attorneys aggressively advocate for the rights of accident victims throughout the state. We will investigate the circumstances of your accident and pursue damages from the parties responsible for your losses. Contact our office now at 334.262.1911 or reach out to us online to discuss your case.
Anyone who has driven on a day where there is rain, hail, severe wind, or snow or ice knows that adverse weather conditions can definitely have an effect on vehicle performance. Indeed, when weather conditions are poor, it may be harder to see due to impaired visibility, and a vehicle may be harder to control or stop.
This same phenomenon, difficulty controlling a vehicle and driving safely when weather conditions are adverse, is not only true for drivers of commercial trucks, but heightened. Large trucks can weigh up to 20 times more than the standard passenger car, and can be even more difficult to stop and control, even when weather conditions are ideal.
How Weather Conditions Affect Driving and the Risk of Commercial Truck Accidents
Information published by the U.S. Department of Transportation – Federal Highway Administration, provides a detailed look at the effect that certain weather conditions can have on roads, traffic, and vehicle maneuverability. Consider the following effects of weather, according to the data:
- Wind. Wind may affect visibility distance, cause lane obstructions, affect traffic speed, increase accident risk, and impact vehicle stability and performance.
- Precipitation. Precipitation can be a more dangerous type of weather condition, affecting visibility distance, pavement friction, roadway capacity, accident risk, travel speed, traffic, traction, and more. If water accumulates, water level can also affect safety and accident risk.
- Fog. The biggest risk of fog is that it can negatively impact visibility. However, in addition to visibility, fog can also impact traffic speed, driver capabilities and behavior, and accident risk.
- Road temperature. When we think of risky weather, the above types are the most common that come to mind, but pavement temperatures can cause infrastructure damage that increases the chances of a crash and should not be overlooked as a potential risk.
The same source cited above also stated that on average, about 22 percent of crashes (of all motor vehicles, not just commercial trucks) are weather-related. Further, there are about 6,000 people killed in weather-related crashes every year.
Another study published by the Federal Motor Carrier Safety Administration analyzed causation factors for large truck crashes that occurred throughout the country over a period of approximately 2.5 years. Of the crashes recorded, investigation shows that nearly 5 percent of large truck crashes were caused by environmental factors, including adverse weather conditions.
Is Weather Always to Blame?
The statistics above show that weather can certainly increase the risk of a crash, and that commercial trucks may be harder to navigate when adverse weather conditions are present. Furthermore, one can assume that there are likely times when poor weather is the direct cause of an accident, and that drivers involved have little control or influence over an accident’s occurrence.
But bad weather does not mean that a crash is inevitable. In fact, when bad weather strikes, the thing that causes an accident is almost always the actions of the driver of the motor vehicle involved, not the weather itself. When adverse weather conditions are present, drivers are tasked with the duty of operating commercial vehicles with a heightened sense of care, which may mean slowing speeds, taking an alternate route, taking turns with more caution, or even ceasing operation until adverse weather conditions clear.
Working with an Experienced Truck Accident Lawyer in Alabama after a Crash
If you have been involved in an accident with a commercial while driving in adverse weather conditions, you may be wondering whether or not you can bring a claim against the trucking company, or if weather–an uncontrollable phenomenon–was to blame. While it is true that weather can increase the risk of a crash and make vehicles more difficult to control, if a truck driver acted negligently, such as driving at a speed that was unsafe for conditions, you still have a cause of action and a right to recover damages.
To learn more about how to bring forth a claim and recover damages for your harm, or the harm of a loved one, after a commercial truck crash, contact our Montgomery truck accident lawyers at the law offices of McPhillips Shinbaum, LLP for a free consultation today. We can be reached at (334) 262-1911 or through our website contact form.
As parents, when you send your children to school each morning, you’d rather not have to worry about their health and safety throughout the day. Unfortunately, school accidents and injuries are a serious problem in Alabama and throughout the country.
While the types of injuries that an elementary school student is exposed to could differ from those of a high school student, the truth is that all children who attend school are at risk when they walk into a school or participate in school-sponsored activities.
The Centers for Disease Control (CDC) reports that as many as 80% of elementary school students who visit the school nurse do so because of an injury. While some accidents can’t be avoided, others on school property are caused by unsafe conditions or the negligent behavior of another student or staff member. Unfortunately, legal liability in these cases can be complicated.
Types of School-Related Accidents
From the time your child boards the school bus in the morning until they get home in the afternoon, they could be exposed to a wide variety of hazards that could result in serious injury. As a general rule, your child’s school and the governing school board has a responsibility to keep children reasonably safe from harm. Sometimes they fail in that duty, and some of the most common school-related accidents and injuries include:
- School bus or other school-sponsored transportation accidents
- Food poisoning
- Exposure to hazardous chemicals
- Slip and fall injuries
- Injury from defective products such as toys or playground equipment
- Sports injuries
- Assault by other children or an adult
In some of these cases, the accident or injury happens due to the careless or negligent acts of another party. When a child suffers harm, you have the right to ask those responsible to pay for damages.
Liability Issues in Alabama School Injury Cases
As with any personal injury lawsuit, you will need to prove negligence by showing several facts. First, you must show that the school owed a duty of care to your child. Second, you must prove that the school breached that duty of care. Finally, you’ll need to show that the breach of duty either caused or contributed to your child’s injuries.
When it comes to school activities, many accident and injury cases deal with the school’s failure to adequately supervise children. Lack of supervision can lead to playground accidents, bullying injuries, illness from unsanitary conditions, and injuries from slip and falls. These are just a few examples of the ways that a child can experience an injury on school grounds.
Who is Responsible When Your Child is Injured in an Alabama School?
If your child was injured while on school grounds or while they were participating in a school-sponsored activity, determining who is responsible for that harm can be a challenge. Because the school district has a duty to provide a safe and secure environment for your child, this is a primary consideration for any personal injury case. For example, a school bus accident could be the fault of another driver, but it’s also possible that there were some safety issues with the school bus that contributed to injuries.
The primary barrier to most school-related lawsuits involves a protection called “sovereign immunity.” Provided your child’s school is a public school, there are laws in place that give government entities immunity from lawsuits except under certain conditions. Fortunately, all states have waived this rule when the negligence of the school district and/or one of its employees causes or contributes to the injury of a student.
Before you can file a lawsuit against a school district or its employees, the state requires that you meet certain requirements and follow some specific procedures. Failing to do either could bar your claim for recovery. There are also time limits in place to file a claim for damages against a school district.
Speak with One of Our Child Injury Attorneys in Alabama
When a child suffers from an injury, a parent’s first instinct is to fight back against those responsible for the harm. Unfortunately, school-related injuries and accidents can be complex legal matters. Having a qualified and experienced child injury attorney in your corner will give you the best chance of uncovering the responsible parties and seeing justice served. Contact the Montgomery, Alabama office of McPhillips Shinbaum, LLP today at 334.262.1911 or online to arrange a free consultation.