School is back in session in South Florida! We all are hoping for a happy, healthy, productive school year. Of course, it seems inevitable that there will be at least some injuries in schools.
If your child is injured at school, it may be possible to take legal action, but a lot of it depends on the severity of the injury and how it all went down. As a parent, you understand there are occasional playground accidents or gym class mishaps. If it’s just a bump or a scratch, there may not be much you can do about that. But if your child was seriously injured, violently assaulted or required hospitalization or surgery as a result of their injuries, you should really get a Fort Myers injury lawyer on the phone to talk through your options.
As government agencies, many schools are protected by state sovereign immunity laws. But that doesn’t mean they’re absolved of legal responsibility to keep kids safe. They can still be held accountable when they breach their duty of care and someone gets seriously hurt as a result.
Was the School Negligent?
The school district, employees and even some school contractors owe a duty to use reasonable care to make sure your child isn’t at an unreasonable risk of harm. Teachers, counselors, coaches, administrators – they must provide a safe environment and do what’s reasonably necessary to keep them safe.
If the school breaches the duty to keep your child safe and your child is injured as a result to the point of sustaining damages (financial impacts), the school may be found negligent – and thus liable to provide compensation.
It’s a good idea to talk with an experienced attorney about whether you’ve got a case before making any big decisions. Remember that injury lawyers are paid on a contingency fee basis, meaning that we offer free initial consultations and you pay nothing unless/until you win your case. So there’s no risk in reaching out to a local lawyer just to ask whether you have grounds to take further legal action.
Accountability for Injuries in School
Examples of injuries in schools that might warrant a civil claim for damages:
- Accidents involving school property. Examples of dangerous school property could include rusted playground equipment, faulty gym equipment, dangerous science experiments, uneven flooring, etc.
- Negligent supervision. If students aren’t reasonably supervised, they could be injured by another student, teacher or staff member. They might also just get themselves into an unsafe situation. This applies in the classroom, in specials, in the hallway, during pickup/drop-off and even on the bus. This claim can arise too when teachers or other school employees fail IEP guidelines intended to keep students safe.
- Sports injuries. PE and school-sanctioned sporting events are a common source of school injury lawsuits.
- Transportation accidents. School bus accidents and injuries, school bus stop injuries, chaotic pickup and drop off lines that lead to kids getting struck in the school parking lot – any of these could result in school district liability for child injuries.
- Medical malpractice. It doesn’t happen often, but if the school nurse fails to follow the applicable standard of care for their professional medical position, the school may be sued for medical malpractice.
- Assault, battery, bullying, etc. When incidents of violence happen on school grounds, schools may be held liable if the harm was foreseeable and they failed to stop it. Bullying typically escalates over time, giving school officials opportunities to become aware and intervene.
- Sexual abuse/molestation. If a child is sexually assaulted or attacked at school or by a school employee, parents can pursue civil liability separate from and in addition to criminal charges.
Note: Even if the school is deemed liable for their injuries, Florida law caps those damages at $200,000 per child or $300,000 per incident. In cases where a child suffers catastrophic injuries, families may need to pursue a state legislative bill specific to their case to be compensated to the full extent. Last year, the proposed HB 401 would have raised the statutory damage caps on government agencies to $2.5 million a person and $5 million per incident (more aligned with the Consumer Price Index), but it didn’t pass. A similar fate befell SB 472 earlier this year. That measure would have required the state Department of Financial Services to revisit limitations on liability for claims against government entities (like schools) every 5 years. There may also be additional Federal causes of action that would get around these caps in limited circumstances that we would also investigate in any possible case.
Most civil claims for Florida injuries in schools thankfully don’t reach that level of severity. But that doesn’t mean the schools make them easy to win. Also keep in mind that we also must overcome the sovereign immunity defense. Charter schools may also claim sovereign immunity protections. In a case of first impression, Florida’s Fourth District Court of Appeal ruled earlier this year that a private school chartered by the local school board was entitled to the protections afforded by F.S. 768.28(6)(a), Florida’s sovereign immunity statute.
Even so, it’s not always just the school who pays if a child gets hurt. In some cases, third parties may be liable as well. These could include car drivers (in the case of crash-related injuries), parents of another child who hurt your child or school contractors.
It’s important if your child is hurt at school to talk to an experienced Fort Myers injury lawyer to examine all your legal options.
If you have been injured in Fort Myers, Port Charlotte, Sarasota, Cape Coral, Naples, Key West, or anywhere in the state of Florida contact Garvin Injury Law at 800.977.7017 for a free consultation.
Additional Resources:
F.S. 95.11, Florida Statute of Limitations
More Blog Entries:
Keeping Kids Safe Means Minimizing South Florida School Zone Crash Risk, Dec. 5, 2023, Fort Myers Injury Lawyer Blog