September 04, 2026, Kitchener, Ontario
Posted by: Robert Deutschmann, Personal Injury Lawyer
Parents expect schools to provide children with a safe environment in which they can learn, play and participate in activities. Unfortunately, accidents happen. A child may fall on an unsafe surface, be injured during a sporting activity, suffer an injury on school property or be hurt because appropriate supervision was not provided.
When a child is injured at school, one of the first questions parents often ask is: Who is responsible?
The answer depends on how the injury occurred.
Not Every School Injury Is a Legal Claim
Children are active, and ordinary accidents are part of growing up. A scraped knee during recess or an injury occurring despite appropriate supervision does not automatically mean that a school board is legally responsible.
A personal injury claim generally requires an examination of the circumstances surrounding the accident, including whether someone owed a duty of care and whether the applicable standard of care was breached.
The details matter.
Was the child being properly supervised? Was the equipment reasonably safe? Were known hazards addressed? Were school policies followed? Was the activity appropriate for the child's age and abilities?
Common Types of School Injuries
School-related injuries can occur in many ways, including:
- Playground falls
- Slips and trips
- Sports injuries
- Injuries during physical education
- Injuries involving school buses
- Unsafe equipment
- Inadequate supervision
- Falls on stairs or walkways
- Injuries during school-sponsored activities
- Physical altercations between students
Some injuries are immediately obvious. Others, such as concussions or psychological injuries, may become apparent only after the child returns home.
What Should Parents Do After an Injury?
The first priority is medical care.
If your child has suffered a significant injury, ensure that the injury is properly assessed and follow medical recommendations. Keep copies of medical records and document symptoms as they develop.
Parents should also ask the school for information about what happened.
Useful questions include:
- Where did the incident occur?
- What time did it happen?
- Who was supervising?
- Who witnessed the incident?
- Was an incident report completed?
- Were there photographs or video recordings?
- Was the equipment inspected?
- Did the school know about a potential hazard beforehand?
If the injury occurred because of a physical condition on school property, photographs can be particularly important.
School Boards Have Safety Responsibilities
Ontario's education system contains legislation, regulations and policies dealing with student behaviour, discipline and safety. The provincial Code of Conduct, for example, identifies promoting the safety of people in schools as one of its goals.
That does not mean a school board becomes automatically responsible whenever a child is hurt. Instead, the circumstances of the incident need to be carefully examined.
A school injury may also involve parties other than the school board. Depending on the circumstances, a municipality, contractor, property owner, equipment manufacturer or another individual could potentially become relevant.
What About Injuries Caused by Other Students?
This is another area where the facts matter.
A child injured by another student may have been involved in an ordinary childhood disagreement, a serious assault, bullying or another form of inappropriate conduct.
Ontario requires school boards to have bullying prevention and intervention plans. The provincial framework specifically recognizes that bullying can adversely affect students' well-being and ability to learn.
If a school has been repeatedly made aware of a serious problem and has not taken appropriate steps, the circumstances may warrant legal review.
Why Documentation Matters
Parents should keep a chronological record of the injury and its consequences.
Document medical appointments, missed school, changes in behaviour, tutoring requirements, medications, therapy and other expenses.
Also record what the child says happened, without repeatedly questioning or coaching the child. If there are witnesses, identify them.
When Should Parents Seek Legal Advice?
A serious school injury can affect a child's education, activities and future development. If the injury is significant, persistent or appears to have resulted from inadequate supervision, an unsafe condition or another preventable circumstance, obtaining legal advice can help parents understand whether a claim may exist.
Deutschmann de Koning Law serves injured people and families in Kitchener, Waterloo and throughout Ontario. A timely review of the circumstances can help determine what evidence should be preserved and what legal options may be available.
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