When the school is liable

A child's injury within the school institution is one of a parent's greatest concerns. Beyond the emotional aspect, it is crucial to understand the framework of legal responsibility that protects students. Italian law establishes that, from the moment a minor is entrusted to the school, an obligation of protection and supervision arises for the institution. As an expert lawyer in damage compensation in Milan, Lawyer Marco Bianucci assists families in asserting this principle, ensuring that the minor's rights are fully protected.

The school's liability is primarily based on Article 2048 of the Civil Code, which governs the so-called culpa in vigilando. This rule presumes the responsibility of teachers and the institution for damages caused by a student to themselves or to others during the time they are under their supervision. The school institution can only be relieved of such liability by providing exculpatory evidence, meaning by demonstrating that it could not have prevented the event and that it had adopted all suitable preventive measures to avoid it. In addition to this, in cases of damages arising from structures or things in custody (for example, a slippery floor or defective equipment), there is the strict liability provided for by Article 2051 of the Civil Code.

The Approach of Bianucci Law Firm

Addressing a claim for compensation for a school accident requires expertise and a strategic approach. The approach of Lawyer Marco Bianucci, an expert in damage compensation in Milan, is based on a rigorous and personalized analysis of the case, aimed at prioritizing the well-being and interests of the minor involved. The first step consists of a meticulous reconstruction of the accident dynamics, through the collection of all necessary documentation: emergency room medical reports, subsequent certificates, any testimonies, and the accident report submitted to the school.

Subsequently, the precise quantification of the damage suffered is carried out. This includes not only biological damage, meaning the injury to the minor's psychophysical integrity, but also moral damage, linked to the suffering endured, and patrimonial damage, related to all medical expenses incurred and future ones. The Bianucci Law Firm manages communication with the school institution and its insurance company, initiating an out-of-court process to obtain fair compensation. Should a satisfactory agreement not be reached, the firm is prepared to initiate the necessary legal action to assert the client's rights in court.

Frequently Asked Questions

What should I do immediately after my child is injured at school?

It is essential to act promptly. First, ensure your child receives the necessary medical care by going to the emergency room, which will draw up a report with the diagnosis and prognosis. Immediately afterwards, send a formal written communication (registered mail with return receipt or certified email - PEC) to the school administration to report the incident. Finally, collect the names of any witnesses and keep all medical documentation and receipts for expenses incurred.

Is the school also liable if the accident occurs during recreation?

Yes, the school's duty of supervision extends to all activities that take place within school hours and within the institution's premises, including recreation times, breaks, lunch hours, and sports activities. Liability also remains during school trips and educational outings organized by the school.

What types of damages can be compensated?

Compensation covers various types of damages. Non-pecuniary damage includes biological damage (physical injury, assessed through a medical-legal expert opinion), moral damage (inner suffering), and existential damage (worsening of quality of life). Pecuniary damage, on the other hand, includes emergent damage (medical, pharmaceutical, and rehabilitation expenses incurred) and loss of earnings (potential future damage to the minor's earning capacity in the most severe cases).

How long do I have to claim compensation?

The right to compensation for damage resulting from an unlawful act, such as a school injury, generally prescribes in five years from the day the incident occurred. However, it is advisable to act as soon as possible to facilitate the collection of evidence and the management of the case.

Contact the lawyer for an assessment of your case in Milan

A school injury can have significant consequences for the health and serenity of a minor and their family. Fully understanding one's rights and the procedures to obtain fair compensation is a fundamental step to ensure maximum protection. The Bianucci Law Firm offers targeted advice to analyze the dynamics of the incident and evaluate the concrete possibilities of success for a compensation claim.

Lawyer Marco Bianucci, with consolidated experience in damage compensation in Milan, offers his expertise to assist you at every stage of the process, from managing relations with the insurance company to potential legal action. Contact the firm to receive professional and strategic advice on your situation and to effectively protect your child's rights.