Entrusting your children to school means having the certainty that they are in a safe and protected environment. Unfortunately, an injury during a physical education class is an event that is far from rare and can cause deep concern for families. As a lawyer specializing in damages compensation in Milan, lawyer Marco Bianucci fully understands the sense of bewilderment one feels in these situations, when the physical trauma of the minor is compounded by uncertainty about how to proceed to protect their rights.

The school's liability for sports injuries

The Italian legal system provides specific protections when a student suffers damage within the school premises. According to the Civil Code, teachers and educational institutions have a specific duty of supervision over students. In the case of trauma occurring during a gymnastics class, the school's liability is presumed, unless the school can prove that it took all necessary preventive measures and that the event was sudden and unforeseeable.

It is essential to distinguish between a normal game accident, inherent in the very nature of the sport practiced, and an injury caused by negligence. The lack of adequate supervision by the teacher, the use of defective gym equipment, or the requirement to perform exercises unsuitable for the age or abilities of the students, are all elements that can form the basis of a legitimate claim for compensation.

The Bianucci Law Firm's Approach

Dealing with a dispute with a school institution and its insurance company requires expertise and precision. The approach of lawyer Marco Bianucci, a lawyer specializing in damages compensation in Milan, focuses on a meticulous analysis of the accident's dynamics. The first fundamental step is the prompt collection of evidence: testimonies from classmates, medical reports from the emergency room, and any reports drawn up by school staff.

The Bianucci Law Firm is committed to accurately reconstructing the events, carefully assessing whether the teacher exercised due supervision and whether the safety measures were adequate. The primary objective is always to seek an out-of-court settlement with the school's insurance, to obtain fair compensation for the physical and moral damages suffered by the minor as quickly as possible, resorting to legal action in court only when strictly necessary for the full protection of the client.

Frequently Asked Questions

What should I do immediately after my child gets hurt at school?

The first step is to ensure that the minor receives appropriate medical care, by going to the emergency room and having the report specify that the injury occurred at school. Subsequently, it is essential to request a copy of the accident report from the school, which the institution is required to forward to its insurance company and INAIL.

Is the school always liable if a student falls while running?

Not automatically. If the fall occurs due to normal chance during an age-appropriate activity and the teacher was properly supervising, the school may not be held civilly liable. Liability arises when there is fault in supervision or in the organization of the sports activity.

How much time do I have to claim damages from the school?

The right to compensation for damages arising from non-contractual liability is subject to a statute of limitations of five years from the date of the event. However, it is always advisable to act as soon as possible to avoid losing valuable evidence, such as eyewitness accounts or initial medical documentation.

Protect your child's rights: request a consultation

Seeing a child suffer an injury is always painful, and managing the subsequent bureaucratic and legal phase can be complex and frustrating for a parent. If your child has suffered trauma during physical education and you believe there were shortcomings on the part of the institution, it is essential to carefully evaluate the situation with a professional.

Contact the Bianucci Law Firm at via Alberto da Giussano, 26 in Milan. Lawyer Marco Bianucci will analyze the accident's dynamics and medical documentation in detail, clearly explaining the steps necessary to proceed. During the initial consultation, possible strategies to best protect the interests of the minor and the family will be examined.