Minor injuries are common on the school playground when kids are letting loose and playing with each other, but some injuries are more serious and may be grounds for filing a lawsuit against the school for negligence. Most government entities have immunity from lawsuits which means they can not be sued unless profoundly serious allegations are pressed against them. A public school comes under a government entity, the local municipal government, and therefore is immune to most lawsuits.
If your child was hurt while at school due to gross negligence, or due to a very severe level of negligence on part of the school, a lawsuit can be filed against them despite the presence of immunity. Also, if the school has purchased insurance to cover this damage then they may also be legally accountable for the harm they caused to your child.
Extra steps to be taken when suing a school
One of the biggest differences between a regular lawsuit- such as a lawsuit for a car accident– as opposed to a lawsuit against a school is the statute of limitations or the time limit that you must file your claim against them. When filing a claim against a school, you only have around six months up to two years. The school also must be informed beforehand that the parents are intending to sue them for the harm they caused to their child.
If you take too long to file your claim or if you fail to inform the school of your intention to sue them, the chances of your lawsuit going through successfully are exceptionally low.
Injuries caused by a hazard on school grounds
If your child was hurt due to a hazard or defect on the school grounds, then you may be eligible to make a claim for premises liability and negligence. For instance, if your child severely injures themselves because they slipped in the bathroom, or they fell on the improperly maintained concrete on school grounds, this may allow a lawsuit for premises liability.
However, once again, since schools are considered government entities, they can only be sued if there was a very extreme degree of negligence or if the school has insurance to cover such personal injuries.
Some accidents are unavoidable, but there are many that are caused due to some form of negligence, such as unsafe playing conditions, or unsafe behavior by school officials, and the school, or another party may be held accountable for their actions. You should reach out to a personal injury lawyer at Heilman Law Group PA, today to see whether you are eligible to file a lawsuit against your child’s school for the harm they were caused.
Reach us at:
4266 I-55 North
Jackson, Mississippi 39211