School districts do have a responsibility to properly supervise children and keep them safe. The extent of that responsibility may vary depending on the circumstances and age of the child. When child injury does occur, it’s important to seek out an experienced injury lawyer because these cases are complex due to the fact the school district is a branch of the government. That means assertions of sovereign immunity may need to be overcome, and these are not simple matters.
In the recent case of Benda v. Catholic Diocese of Salt Lake City, the question was whether parents were entitled to file a loss of consortium claim against the school district for the severe injuries suffered by their son, when loss of consortium claims are typically reserved for spousal losses.
For those who may be unfamiliar, loss of consortium is a type of claim in which a person alleges damages were suffered by certain family members of a person who was injured or killed by the negligent or intentional wrongful acts of another person. This type of claim can be filed by loved ones of the victim, though it is usually the spouse that reserves this right. Claims for filial loss of consortium may be filed in North Carolina, though these rights vary from state-to-state. Filial loss of consortium claims are meant to compensate a parent or parents for the loss of love and companionship of a child. Some states also allow parental consortium claims. Continue reading