What to do when a child gets injured at school

Seeing your child return from school with an injury is one of the biggest worries for a parent. In addition to anxiety for their health, complex questions immediately arise about responsibility and how best to protect their rights. Understanding the regulatory framework and the actions to take is the first step to facing the situation with clarity and determination. As an expert lawyer in damage compensation in Milan, Avv. Marco Bianucci supports families on this journey, ensuring a precise analysis of responsibilities and targeted legal action to obtain fair compensation for the damages suffered.

The responsibility of the school

In Italy, the law establishes a presumption of responsibility on the part of the school for any damage that the student causes to themselves during the time they are under the supervision of the teaching staff. This principle, enshrined in Article 2048 of the Civil Code, is based on the so-called obligation of protection and supervision. The school is obliged not only to supervise but also to arrange all necessary organizational measures to prevent dangerous situations. The institute's responsibility, therefore, is not limited to active supervision (culpa in vigilando) but also extends to any structural or organizational deficiencies (culpa in organizzando), such as non-standard equipment, slippery floors, or inadequate management of recreational activities.

To free itself from such responsibility, the school must provide particularly rigorous proof: demonstrating that the harmful event was caused by an unforeseeable and unavoidable fact, the so-called 'fortuitous event'. It is not enough to prove that normal diligence measures were adopted; it is necessary to demonstrate that the accident could not have been avoided even with the utmost attention and prudence. This is a very burdensome evidentiary burden, which places the protection of the minor in a position of absolute priority.

The Approach of Bianucci Law Firm

Dealing with a compensation claim for a school injury requires expertise and a strategic approach. The approach of Avv. Marco Bianucci, an expert lawyer in damage compensation in Milan, is based on an in-depth and personalized preliminary analysis. The first step consists of meticulously reconstructing the incident, gathering every useful piece of evidence: from complete medical documentation (emergency room reports, certificates, medico-legal opinions) to the testimonies of those who witnessed the event. This phase is crucial for establishing the causal link between the institute's conduct and the damage suffered by the minor.

Once responsibility is ascertained, the firm proceeds to the precise quantification of the damage. This includes not only biological damage (the injury to psychophysical integrity), but also moral damage (the inner suffering experienced by the child) and any sustained and future medical expenses. The goal is to formulate a complete and well-founded compensation claim, to be presented first out-of-court to the institute and its insurance company, and then to proceed, if necessary, with legal action, always prioritizing the protection of the minor.

Frequently Asked Questions

What should I do immediately after my child's injury at school?

It is essential to go immediately to the emergency room to obtain an initial medical report attesting to the injury and its connection to the school environment. Subsequently, it is important to send formal communication (via PEC or registered mail with return receipt) to the school administration to describe what happened and formally inform the institute. Keep all medical documentation and receipts for expenses incurred.

Who is responsible if my child gets hurt during recess?

Responsibility falls on the school even during recreation, meal times, or extra-curricular activities that take place within the school perimeter. The obligation of supervision and protection does not cease in these contexts; in fact, it often requires even greater attention from the assigned staff.

What does mandatory school insurance cover?

Mandatory school insurance (INAIL) only covers injuries that occurred during laboratory activities, physical education, and internships. For all other cases, the private insurance policy stipulated by the school intervenes, which, however, often provides for maximums and deductibles. It is therefore essential to assess the extent of the damage to understand whether the insurance coverage is sufficient or if it is necessary to act directly against the institute.

How long do I have to claim compensation for a school injury?

The right to compensation for damage resulting from an unlawful act, such as a school injury, prescribes in five years from the day the incident occurred. However, it is advisable to act promptly to avoid the risk of losing important evidence and to ensure more effective protection.

Contact Avv. Marco Bianucci for an assessment of your case

If your child has suffered an injury within the school and you wish to understand your rights, you can contact the Bianucci Law Firm. Avv. Marco Bianucci offers clear and in-depth advice to analyze the dynamics of the incident, evaluate responsibilities, and define the most effective strategy to obtain fair compensation. Contact the firm in Milan to present your case and receive qualified legal advice.