Can I sue my child’s school for an injury? If you live in Florida, you need to know how a lawsuit against a public entity like a public school works. Here’s what to know.
You remember what it was like. Playing on the playground with your friends was fun. Gym class was a blast, especially dodgeball, right? Kids got to be kids.
Now that you have kids yourself, though, would you feel comfortable letting them do the same kinds of activities you did? Maybe not. Children are resilient, but even they are not invincible.
Even if your children are not involved in potentially dangerous extracurriculars, they can still get hurt. Freshly mopped floors without a caution sign in sight. Loose handrails on the stairs. The question is, can you hold the school accountable if your child is hurt because of their negligence?
So, can I sue my child’s school for an injury?
Yes, you can. Your child’s school has a duty of care, so if they acted negligently, you can pursue damages against them. One important detail, however, may change how your case proceeds—whether the school is a private entity or a public entity.
If your child attends a private school, you can bring a lawsuit against them directly. The case would follow regular Florida personal injury liability laws. For claims against a public school, things are a bit different.
Following Proper Procedure When Bringing a Claim Against Your Child’s Public School
When your child is hurt at a public school, you must follow certain procedures before you can bring a lawsuit against them. If you don’t follow them carefully, your case could be dismissed.
The first step you need to take is to file a notice of claim against the school district. In this claim, you should describe the incident, the negligent action by the school, the injuries your child suffered, and a request for compensation. You need to act quickly, though, because you only have 60 to 90 days after the incident to file the notice of claim.
After you file the notice of claim, the school will either settle or deny responsibility for the incident. When the school decides not to settle, the case will go to court. It’s important to note that you cannot file a lawsuit until 180 days after you filed the notice of claim. You have three years to file the lawsuit.
How Negligence Can Cause Your Child’s Injury at School
There are many (practically infinite) scenarios in which a school could act negligently, resulting in your child’s injuries. As previously mentioned, premises liability issues, such as wet floors and other unsafe conditions can lead to serious injury. What if another child hurts your child? If there was no supervision or there were unsafe materials present, you could have a case.
The bottom line is this: if you think that negligence caused your child’s injuries, you need to investigate things further.
Need help building and pursuing your case?
Can I sue my child’s school for an injury? If you don’t know the answer to this question or if you have a case, let us help you. Get in touch with us for a free case evaluation so we can get to the bottom of your child’s injuries.