Why You Can Sometimes Sue A School For Personal Injury

When injuries happen in schools, there are often misconceptions over who can sue whom and under what circumstances. Schools often are exempt from liability because governmental agencies have sovereign immunity. Fortunately, there are still some situations in which you can sue the school and win.

How Sovereign Immunity Works

Government agencies often have exceptions to sovereign immunity and will allow themselves to be sued if they have been very negligent. Also, if the school has an insurance policy that provides coverage for lawsuits, this can make it more likely that you will be allowed to sue the school. Also, if the school is private, suing the school is no different from suing anyone else through the civil court system.

The Obligation Of Teachers And Staff

Schools are obligated to create a safe environment for students. Teachers are responsible for preventing foreseeable dangers. For example, if it is discovered that playground equipment is unsafe, it is the teacher's responsibility to notify the appropriate staff members and to prevent the children from using the playground equipment.

The Importance Of Foreseeable Risk 

Students sometimes harm each other. At a minimum, schools need to hire enough staff members to ensure the students do not engage in activities, such as fighting, that could lead to injuries. To win a case, you will need to demonstrate it was foreseeable that the incident would lead to an injury. If the fight occurred in a bathroom, for instance, it may not be possible to win a lawsuit. However, if the student who caused the injury was a known bully, it may still be possible to win a lawsuit if the school didn't take steps to control the bully.

The Statute Of Limitations

One of the challenges of suing a school is that they often have a much shorter statute of limitations than private individuals. Therefore, you will want to get in contact with a lawyer and file the lawsuit in as little as six months. The agency will need to be contacted to inform them of your intention to sue. The claim is put in writing and is given to a specified official of the school district.

If your child has suffered an injury at school, it may be difficult to ascertain whether you can sue without legal counsel. Get in contact with a personal injury attorney, like one from Erickson Law Office, who has experience with handling cases involving school injuries. 

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