Accidents and liability.

Responsibility of the school

The school is responsible for safety in the building and on the playground. The school is also responsible during activities it organizes. The school safety plan shows how the school arranges safety for students and staff.

Liability of the school

Accidents cannot always be avoided. The school is only liable if the accident is caused by wrongful action. The school was then negligent. For example, if the school does not fix a loose stair railing after parents report it.
The school must provide enough supervision, carefully assess risks, and follow its own protocols and safety rules. How the school acts after an accident can also decide if it is liable. The primary education council made an informative brochure about liability during gym class.

Damage caused by children

Damage caused by children is first claimed from the parents or guardians of the child. Some schools have extra insurance for damage caused by children, but this is not required.

Damage caused by school staff

Damage caused by school staff can be claimed from the school. Schools are legally required by the working conditions act to have liability insurance. This insurance covers liability of teachers, other staff, governing bodies, parents helping, and volunteers for damage to others.

Parents helping

Parents who help with school trips are under the school’s responsibility. The school must have liability insurance for these parents. They actually do work for the school. Parents must follow the school’s rules.

An exception is driving children in a car. The parent is responsible for this. The car owner’s (auto) insurance is used if an accident happens.

Legal help

Liability rules are complex. If you cannot solve it with the school or other parents, always get legal help, for example through your legal aid insurance or the legal help desk.