All Questions

October 22, 2019 | Gary Burger

Can I Sue if My Child was Injured at School?

People like to say "kids will be kids," but when your child is hurt at school and it was because of a negligent or unsafe act that was allowed to happen by the school, who is at fault? Can you sue the school district because of their negligence, or are they safe because they claim your child was responsible for the accident? How do these claims work?

In this FAQ, we're going to look at accidents that happen at school, and how it is determined whether the school acted negligently, or if they are safe from a lawsuit because of the actions of your child. If you have any questions about this FAQ, or if you would like to speak to our personal injury lawyers in St. Louis now, call or contact our team at 314-542-2222 or 618-272-2222.

Can you sue the school if your child was hurt at school?

The last thing anyone wants is for the child to be hurt. When you're not with your child, you want them to be safe and free from harm, but what do you do when they're injured at school, and they say that the injuries not their fault. What if they say an unsafe practice, place, or act caused their accident? Can you sue the school district? Is that something that is possible?

These cases are complex and that's because to an extent, schools do have a type of immunity. We have to admit that kids don't always make the best decisions. They like to horse around, impress their friends, and generally do unsafe or crazy things. Kids often get hurt doing these things, and if the school district was held liable every time a student injured themselves the school would most likely close due to legal fees. That's why schools have a level of protection against lawsuits.

However, what happens when your child didn't cause the accident and the accident happened because of an unsafe area, act, or practice? Do you have the right to sue the school then? If your child didn't cause their accident, and the accident happened because of the school grounds or staff, then you may be able to pursue a claim against the school. Schools have a high bar to meet when providing safety for children, and they have to make sure that their staff and premises are safe for kids to use an inhabit. When they fail in providing a safe environment, you can potentially pursue the school in a lawsuit to recover the damages your child and family face, as well as force the school to correct their unsafe practice or act.

If you would rather speak directly with our team about your case, please don't hesitate to call us at 314-542-2222 or 618-272-2222. We've taken on school lawsuit claims before and we know how to make sure that you get 100% of the care and financial recovery you are owed. Remember, your child didn't ask to be injured and you shouldn't have to beg to get the care they deserve. You can get a recovery for your child's injuries and the school can be held liable for their actions.