FAQs About Suing My Child’s School

Personal Injury Lawyer

Was your child injured, bullied or harmed in some way at school? You may be wondering if you can sue the school, teacher, staff or parents of another child. If you’re like most people, you don’t have a lawyer on retainer. So our experienced team of lawyers created this document to answer some of the most frequently asked questions parents may have if their child has sustained injury at school.

A lot can happen on the playground, and kids can get hurt. It’s normal and to be expected. That’s why many states have laws prohibiting lawsuits against schools for student injury. But when does it become a matter of negligence or intentional harm?

Here are answers to some of the most frequently asked questions we receive from new clients:

• Can I sue if my child was accidentally injured at school? Possibly, if you can prove negligence on the part of the school or school officials caused the harm to your child.
• Can I sue if my child was emotionally injured at school? Did a teacher or school official shame your child or make an unfair example of your child? Was a school employee verbally abusive to your child? Has there been sexual harassment? Did the school allow your child to be bullied by another student or students? Can you prove this abuse caused academic problems for your child?  These kinds of cases can be difficult to prove, but not impossible.
• Can I sue another child’s parents if their child harms my child? It is unlikely you will be successful in suing another child or their parents. Young children typically are not held legally responsible for their conduct. Exceptions do exist, such as in the case of older, teenage children, sexual harassment or especially egregious situations.
• Can I be sued if my child harms another child? See the above answer. Again, it is unlikely, but not impossible.
• Can I still sue for negligence if I signed a liability waiver? In some cases, yes. Even if you sign a liability waiver for school sports or a field trip, the school can still be held responsible if they acted negligently.
• Can I sue a private school? In many cases, yes. Private schools are not under the same laws and mandates as publicly funded schools.
• What kinds of damages can I recover? Damages can be difficult to prove. There are three main types of recoverable damages in a personal injury case: compensatory, general and punitive damages.

Every situation is unique. It is imperative that you consult with the best personal injury law firm in Philadelphia to discuss the specifics of your child’s potential case. Laws vary widely between different states and counties. If you can prove negligence and suffered documented damages, you may have a case.

 

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Thank you to our friends and contributors at Wieand Law Firm, LLC for their insight into school injuries and personal injury cases.