What if your child was harmed in some way at school—whether in an accident or because of harassment or assault? If you believe the injury resulted from negligence on the part of school officials or employees, can you sue the school district for personal injury?
Sovereign Immunity Rules
Under a rule known as “sovereign immunity,” you generally can’t sue any level of government—including public school districts and their employees—unless the government says you can. All states have passed laws making some exceptions to that immunity. (See Nolo’s state-by-state guide to bringing claims against the government.)
If your child was injured because of negligence by school officials or employees, you might be able to sue the school district on behalf of your child. Your ability to sue, though, depends on where you live—and the circumstances of the incident.
The Claims Process
In most states, you have to go through a notice or claims process before you can sue. Typically, you must file a written claim with the school district and wait until the district has investigated the incident. You can normally file a lawsuit only if the district denies at least part of the claim or hasn’t taken any action after a certain amount of time.
The time limits for filing these claims vary from state to state (and sometimes from city to city), but they’re often shorter than the deadlines for filing regular personal injury lawsuits. For instance, in some places, you have to file a claim as quickly as 60 days after the injury. The statute of limitations for a lawsuit involving the same incident could be, for instance, two years—but someone who didn’t make the 60-day deadline probably wouldn’t be able to file a suit.
Many states also set limits on the amount of money (or “damages”) you can collect in a lawsuit against a governmental body or agency. For instance, a law might limit damages to $200,000 and prohibit any award of punitive damages.
Suing Private Schools
There aren’t usually any special procedural rules for filing a personal injury lawsuit for a student’s injury at a private school. But depending on where you live, there might be some restrictions.
Historically, private schools run by nonprofit organizations or churches were protected from lawsuits under what’s called “charitable immunity.” By now, most states have at least partially abolished charitable immunity. Still, a few have some form of protection for nonprofits. For instance, a law might provide that a student at a nonprofit school generally can’t sue the school for negligence that led to an injury. (There are often exceptions with these kinds of laws— for example, the law might allow lawsuits for sexual crimes by school employees.)
Another potential barrier to filing a lawsuit against a private school is your enrollment contract. Many private schools require parents to agree to binding arbitration to resolve any disputes between them and their students. Some courts may not find arbitration clauses like this binding when it comes to claims involving student injuries, but others do. Read your enrollment contract carefully and talk to a lawyer if you have questions.
Talking to a Lawyer
If you’re considering filing a lawsuit against a public or private school for your child’s injury, a lawyer with experience in a field like education law or personal injury should be able to explain the laws that apply to your situation. If it’s a public school, an attorney could, for instance, advise you about the procedure for filing a claim with the school district, as well as what information you should include in the claim itself.s
Also, a lawyer with experience in cases like yours might be able to identify other individuals or organizations you could sue, as well as additional or alternative bases for suing. For instance, if your child was hurt during a basketball tournament held at the school, the athletic association that conducted the tournament—which probably wouldn’t be entitled to the same immunity as the school district—might be liable for the injury.