School accidents
I defend the interests of children injured at school, on a school trip or during after-school activities, alongside their parents.
- Compensation depends on the cause of the accident: inadequate supervision, another pupil, or the school’s buildings or equipment.
- If a teacher is at fault, the State is liable in their place, and the claim must be brought within 3 years of the accident.
- A child’s situation changes as they grow: their final compensation should not be set too early.
Who can be held responsible?
- A teacher or a member of the teaching staff, for inadequate supervision: the State’s liability then replaces theirs, provided a fault is proven.
- Another pupil: their parents are liable for the harm their child caused, and the parents’ liability insurance must pay out.
- The local authority or the school, when the accident is due to the condition of a building, a playground or equipment.
- The organiser of an after-school activity or an outing.
Your child’s school insurance often includes “personal accident” cover, which can compensate them without any need to prove a fault. It does not, however, replace the full compensation owed by whoever is responsible.
How do I handle your case?
- I analyse the circumstances of the accident and identify who is responsible, and which court has jurisdiction.
- I obtain the relevant evidence: the school’s accident report, witness statements, the medical file.
- I attend the medical examinations with your child, together with a victim’s medical adviser (médecin conseil de victime), in a setting suited to their age.
- I put a figure on all of their losses, and yours, then negotiate or take the matter to court.
- Where relevant, I help you file a complaint and represent you before the criminal court in cases of unintentional injury.
Has your child been the victim of a school accident? I can help you in Nice.
Practical guides
FAQ
Not automatically. A fault must be shown, most often inadequate supervision (too few adults, a dangerous game being tolerated…) or poor maintenance of the premises. Witness statements and the accident report written by the school are essential.
When a teacher’s fault is at issue, the claim against the State must be brought within 3 years of the accident. That is a short period: have the situation reviewed without delay.
Other time limits apply depending on who is responsible; they are sometimes adjusted while the child is a minor.
The pupil’s parents are liable for the harm caused by their minor child. Their liability insurance must compensate your child. Ask the school, or the parents directly, for their insurer’s details as soon as possible.
Because a child’s after-effects can change as they grow. Compensation set too early may overlook consequences that only appear later, particularly on their schooling or future career. An interim payment can be obtained in the meantime.