Can I Sue a School for My Child’s Injury?

 Posted on March 20, 2023 in Personal Injury Lawsuits

The last place a child should be seriously injured is at school. Schools should be safe environments, free of dangers that pose a risk of injury or death. However, this is not always the case. If your child was injured at school, you may have questions about your legal rights. Can you hold the school accountable by suing the school district? Can you force the school to pay for your child’s medical expenses?

Like most personal injury matters, the answer to these questions depends on the exact circumstances of the injury.  

Injuries Caused by Willful or Wanton Disregard for Safety

Suing a public school is not the same thing as suing a private organization or company. Public schools are government entities and there are special rules surrounding lawsuits against the government. To successfully sue a public school or school district, you must show that the school or staff acted with “willful or wanton” indifference toward safety. In other words, the school must have acted with extreme negligence.

Many of these types of cases come down to whether the school knew that a situation posed a danger to students. For example, consider a situation in which a broken lock allowed a perpetrator to enter the school and injure a student. If records show that the school knew about the lock and failed to repair it, the school may be liable for any injuries related to this gross oversight.

A school may also be liable for injuries caused by lack of safety gear or safe practices. Students should never be allowed to play on broken playground equipment or conduct laboratory science experiments without the appropriate safety equipment.

Student injuries may also be a result of negligent hiring practices. Anyone who works around children should be heavily vetted. If a school hires someone with a history of abuse against children, the school may be liable for damages if a student is abused by that individual.

Damages in a Child Injury Claim Against a School

Suing a school may hold the school accountable for the harm caused to a child and prevent similar harm from befalling children in the future. Furthermore, a lawsuit may allow for the recovery of damages. A parent may be compensated for medical bills, lost income, and other financial losses as well as non-financial losses like pain and suffering.

Contact a DuPage County Personal Injury Attorney

If your child was seriously hurt at school, you may be able to take legal action against the school. Our skilled Lake County school injury lawyers can help you understand your options and the right steps to take. Call us at 847-662-3303 and set up a free consultation.