It is a school’s obligation to act as a parent would in providing a safe, healthy environment for the minor children in its care.
If a school fails to follow “accepted standards of care,” causing a student injury, it may be negligent.
Public schools may waive sovereign immunity in cases of negligence
If the injury happened at a public school, the claim would be against a government agency (a school district), which enjoys sovereign immunity.
The government is normally immune from lawsuits. However, all states allow claims if the school district or its employees cause injury to a student through negligence. State laws often set limits for damages that can be awarded against government agencies.
A Melbourne child injury lawyer can work out whether the school district, a contractor, or an employee is the right party to name in the claim.
Public schools require strict adherence to claim rules
Under Florida law, claims against public school districts are subject to specific sovereign immunity requirements under Florida Statutes § 768.28(6). A claimant generally must provide written notice of the claim to the appropriate school board and the Florida Department of Financial Services within three years after the claim accrues. Wrongful death claims have a separate two-year notice deadline. The claimant must also satisfy the statutory denial requirement before filing a lawsuit. If the claim has not been resolved within six months after notice is submitted, it may be deemed denied, allowing the claimant to proceed with litigation.
Normally, the injured party must file a Notice of Claim or similar document with the school district and other designated state agencies. It is not possible to file a lawsuit until a certain amount of time has passed after the notice (180 days in Florida) or until the school district denies the claim. The same notice rules apply when a child is hurt in a school bus accident, because the district runs the bus.
If a child is injured at a public school, in most states, the claim form setting forth the injury information must be properly filed or no lawsuit can later be filed.
