As the school year begins, parents want to make sure their children are safe. While schools generally prioritize safety, accidents can and do happen. In some cases, these injuries may lead to legal action. When a child is injured at school, it is important to understand the legal options available and when a lawsuit may be the right course of action. Here, we answer the five most common questions about child injury lawsuits during the school year.
Franklin Domenech, Esq.
Attorney - Partner
William Alexander Corzo, Esq.
Attorney - Of Counsel
What Types of Injuries Are Most Common at School? 
Even in the safest of environments, injuries can happen at school. Some of the most common types of injuries include slip and fall accidents, sports-related injuries, injuries from defective equipment, and bullying-related incidents.
Slip and fall accidents occur when children trip or slip on wet floors, icy patches, or poorly maintained grounds. These types of accidents can result in broken bones, sprains, or head injuries.
Sports injuries are another common source of harm. Whether it’s during gym class or school sports activities, children can suffer from concussions, sprains, and fractures while participating in physical activities. These injuries may occur due to poor equipment, lack of proper supervision, or the inherent risks of contact sports.
Defective equipment is another factor that can cause harm. Playground equipment that is poorly maintained or broken can lead to falls, cuts, and serious injuries. Schools are responsible for ensuring that playgrounds and other facilities are safe for use.
Bullying can lead to physical injuries. In some cases, a school may be held responsible if it fails to take proper action against bullying, especially when physical altercations take place.
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Can Parents Sue the School If Their Child Is Injured?
Yes, it is possible to file a lawsuit against a school if your child is injured, but it is not always straightforward. The rules around suing a school depend on whether the school is public or private and the specific circumstances of the injury.
Public schools are generally protected by sovereign immunity, a legal principle that shields government entities from lawsuits in many situations. However, exceptions exist. If the injury occurred due to negligence on the part of the school or its employees—such as a failure to maintain safe premises, inadequate supervision, or improper actions—the school may still be held liable.
Private schools do not have the same immunity protections. If your child is injured at a private school, the possibility of a lawsuit may be greater, especially if there is clear evidence of negligence or wrongdoing by the staff or administration.
What Should Parents Do Immediately After Their Child Is Injured at School?
If your child is injured at school, it’s important to act quickly. First, ensure that your child receives proper medical attention. After addressing the immediate medical concerns, you can begin taking steps to protect your child’s legal rights.
The next step is to document the injury. Take photos of the injury, the area where it occurred, and any conditions that may have contributed to the accident, such as wet floors, broken equipment, or unsafe playground conditions. If there were any witnesses to the incident, gather their contact information.
Notify the school administration about the injury, ideally in writing. This creates an official record of the event and can be helpful in the event that you decide to pursue a claim.
Consulting with a personal injury attorney is crucial. A lawyer experienced in handling child injury cases can evaluate the situation, help you understand your legal options, and guide you through the process.
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How Long Do Parents Have to File a Lawsuit for a Child’s Injury?
The statute of limitations is the legal timeframe in which a lawsuit must be filed. For personal injury cases, this period typically begins on the date of the injury. However, when the injured party is a minor, the statute of limitations is often extended.
In many states, the statute of limitations does not begin until the child turns 18. This means that parents may have until the child reaches adulthood—often until they turn 20 or 21—to file a lawsuit on their behalf. However, the rules regarding this can vary by state, so it is important to consult with an attorney soon after the injury to ensure you do not miss any important deadlines.
Can Parents Claim Compensation for Emotional Distress After Their Child Is Injured?
Yes, parents can pursue compensation for emotional distress caused by their child’s injury, but this depends on the specifics of the case. If your child’s injury leads to long-term emotional or psychological harm, such as post-traumatic stress disorder (PTSD) or severe anxiety, you may be able to include emotional distress as part of the claim.
In cases of severe injury, where the child experiences permanent disability or trauma, the emotional toll on both the child and the parents can be significant. Compensation for emotional distress may be awarded as part of a larger settlement or jury verdict.
Additionally, parents may also be able to claim damages for emotional distress if they witnessed the injury or if the injury has a substantial impact on the family’s well-being. It is important to discuss these aspects with a personal injury attorney to understand the full scope of potential compensation.
What Should Parents Know About School’s Liability in Child Injury Cases?
Understanding the legal responsibilities of schools is essential for parents who are considering a lawsuit for their child’s injury. Schools, like other property owners, have a duty to provide a safe environment for students. This includes maintaining buildings and grounds in a condition that minimizes risks to students, providing proper supervision during school activities, and ensuring that school equipment is safe for use.
If a child’s injury occurs due to a school’s negligence, such as a slip and fall on an unmarked wet floor or an injury caused by broken playground equipment, the school may be held liable for the injury. It’s important for parents to understand that schools must act reasonably in preventing foreseeable risks. If a school fails in this duty, parents may be able to pursue a claim.
Additionally, some injuries occur during extracurricular activities or sports. In these cases, the school may still be responsible if it was negligent in ensuring proper safety measures were in place, such as ensuring coaches are trained, athletes wear the proper gear, and that medical assistance is available during events.
The Role of Insurance in Child Injury Lawsuits
Many schools carry insurance that covers accidents and injuries that occur on their premises. However, navigating the insurance claims process can be complex, and insurance companies may try to minimize payouts or deny claims altogether. In these situations, it is important to have a lawyer on your side who can help advocate for your child’s rights.
While schools may have insurance coverage, parents are not guaranteed a successful settlement or a fair offer. The amount of compensation you can receive may depend on the severity of the injury, the evidence of negligence, and how well the case is handled. Working with a skilled attorney can help ensure that your case is handled properly and that your child receives the compensation they deserve for medical bills, pain and suffering, and any future care needs.
Child injury cases can be complicated, but understanding the basics of how the legal system handles these situations can make the process much clearer. From the types of injuries that are most common at school to the statute of limitations for filing a lawsuit, parents must be aware of their rights and the steps to take following an injury. Consulting with a knowledgeable attorney can provide clarity and help ensure that your child’s injury is addressed properly.
At Victory Law Firm P.A., we specialize in personal injury claims and are dedicated to helping families navigate the legal complexities of child injury cases. If your child has been injured at school, reach out to us for a free consultation and learn how we can assist you in pursuing justice for your family.
Contact Victory Law Firm P.A. today for a free consultation to discuss your child’s injury case. We are here to help you every step of the way.
