Why Schools Can Be Sued for Personal Injury: Protecting Your Child from Harm
As parents, we trust that the schools our children attend provide a safe environment that promotes their well-being. However, sometimes schools can fail to maintain a safe environment, and students suffer an injury in the process. When your child experiences an injury while at school, you may be entitled to file personal injury litigation to hold the school legally responsible for its negligence. Do not let your child pay for the mistakes of their school. Consult an attorney experienced in personal injury cases against schools such as Todd Spodek as soon as possible to help you get the justice and compensation your child deserves.
What Is a Personal Injury Lawsuit?
Injuries are a common fact of life, especially among students who play games or engage in extracurricular sports activities. However, when a school fails to prevent foreseeable harm, parents can sue for negligence if officials knowingly allowed hazards on their campus that led to student injuries. Since schools act in loco parentis or “in place of parents,” they uphold legal responsibility for minors’ care while they attend school. As such, they must ensure safe environments on campus and beyond the classrooms. School laws require protection of students while riding buses, attending school events, participating in extracurricular activities and ensuring adequate supervision towards such responsibilities.
When to File Personal Injury Litigation Against Schools
The ability to sue a school depends on case facts surrounding the injury sustained by your child while at school. However, there exist several common ways through which students obtain compensation against schools following an injury event.
Below are examples where you could potentially sue:
Inadequate supervisions leading to children’s injuries due to defective equipment or dangerous grounds.
Slippering Fall Injuries
Costly slippering fall injuries resulting from wet bathroom floors or broken stairs without rails
Toxins and Health Hazards
Exposure to harmful toxins due to older buildings or ones having sanitation issues
School Bus Injuries
Injuries resulting from negligent bus drivers getting involved in accidents
Students may even suffer from bullying, intimidation/abuse related injuries arising from fellow students or teachers.
Contamination of food leading to students suffering from unsafe and contaminated food served within the school.
Barriers to Personal Injury Litigation Against Schools
Suing public schools following student injury faces significant challenges as it attracts cases involving government agencies that exempt them from being sued. This exemption, known as “sovereign immunity,” is a major obstacle when suing a school. However, there are legal procedures through which parents can sue the school for negligence; one such exception entails the waiver of sovereign immunity restrictions in personal injury litigation cases under clear-cut regulations outlined by state laws.
If you are uncertain whether your case falls within such provisions, speak with an attorney experienced in personal injury cases against schools, like Todd Spodek.
How to File A Lawsuit Against A School
Initiating personal injury litigation against a school differs across states. In most instances, you need to commence by lodging a notice of claim outlining injury event details, incident nature and extent of compensation required within specified timelines. If you miss out on any deadlines related to filing the notice of claim process, expect difficulty pursuing further action.
After filing your notice of claim, wait for the investigative process where the school district investigates and responds towards your submission before moving forward with a lawsuit that Todd Spodek can help handle expeditiously.
Why You Need An Experienced Attorney
Suing schools is often costly and time-consuming because schools exhaust all possible measures trying to avoid paying compensation sought by students. To obtain compensation, families must follow a precise procedure and avoid common mistakes that may cause them to lose even winnable cases against schools. An experienced attorney such as Todd Spodek can help you navigate the nuances of the claims system and protect your legal rights, working every step of the way.
Your Experienced Attorney
If your child suffers an injury at school, it can derail their life and cause much pain and expense in terms of medical bills and rehabilitation. You shouldn’t struggle alone; you need an experienced attorney like Todd Spodek to advocate for your child’s well-being through litigation processes rigorously.
Joseph has spent many years advising families in personal injury cases related to schools across the country. His record of success is unparalleled, showing his ability to litigate fiercely for students who deserve this service. Reach out today by contacting him at the Spodek Law Group: 212-300-5196 and schedule a consultation with him!