Worrying about your kids is a natural part of being a parent. School is the one place we should not have to worry about our kids, but injuries and accidents have been known to happen at school.
You are allowed to sue your child’s school if your child was injured. The extent of the school’s liability depends on how your child was injured and whether the school had any influence or control over the situation. When filing a lawsuit, we must consider whether the school is public or private. Suing a public school might involve a few additional legal hurdles because public schools are considered government entities. Common accidents in school include dangerous or defective playground equipment, abuse from staff, and assaults by other students. Proving that the school is liable for your child’s injuries is often tricky and requires establishing that the school failed to fulfill its legal duty of care.
If your child was hurt at school, you should consider taking legal action on behalf of your child. Schools should be safe places for kids, and negligence should not be tolerated. For a free review of your case, call Howe Law at (844) 876-4357.
Am I Allowed to Sue My Child’s School for Injuries in Georgia?
After an accident or injury at school, you should consider taking legal action. While suing your child’s school after an accident is not impossible, it is not always easy. Public schools are government entities, and various laws protect the government and government workers from liability under many circumstances. Even so, the school is not protected in all cases, and you might still be able to sue. Our Georgia personal injury attorneys can help you get started.
Typically, you cannot sue your child’s school or school district unless a specific statute authorizes the lawsuit or the school consents to the lawsuit. Although it is unlikely that a school will consent to a lawsuit, it is not outside the realm of possibilities. Remember, this protection only covers public schools. If your child attends a private school that receives no government or public funding, it is much easier to file a lawsuit.
If we cannot sue the school or district, we might still have other options. It might be possible to sue the person or people directly responsible for your child’s injuries. For example, if a teacher or staff member harmed your child, we can sue the individual school employee rather than the entire school. You should contact our legal team to discuss your situation and determine who should be responsible for your child’s injuries.
Filing a Lawsuit Against Your Child’s School for Injuries in Georgia
Before we sue your child’s public school, there are legal hurdles to jump through because the school is a government entity. According to O.C.G.A. § 50-21-26(a), we must submit a notice of claim to the school before we file the lawsuit. On top of that, the notice of claim must be submitted within 12 months of the date your child was injured. If 12 months have passed with no notice of claim, the lawsuit cannot be filed.
Private schools are not bound by this requirement for a notice of claim. Private schools are not considered government entities and are not protected from liability like public schools. Since private schools can be sued without needing a notice of claim, there is a longer deadline to submit your case. The statute of limitations for personal injury cases is 2 years, whereas a notice of claim must be submitted in only 1 year.
Our Atlanta personal injury lawyers can assist you in taking action as quickly as possible so you do not lose your right to action. The 1-yeard deadline for suing a public school is very tight, and you should contact an attorney about your case as quickly as possible.
Common Accidents or Injuries at Schools in Georgia
Various accidents and injuries can happen while your child is at school. Many of these result from negligent teachers and administrators. Other injuries might be the result of intentional acts of harm or abuse. Our Columbus personal injury attorneys can help you assess your child’s injuries and determine whether you have a strong case.
While public school teachers are shielded from certain kinds of liability, they are not protected when it comes to intentional acts of harm. Abuse by staff members is extremely serious, and the teacher or staff member perpetrating the abuse can be held responsible. If the school knew about the abuse and tried to cover it up or ignored it, it should be held liable too.
Bus accidents are also grounds for lawsuits against schools and the bus drivers they employ. In many cases, you can sue outright if your child was injured on the bus. However, the situation often depends on the county’s insurance for bus accidents. You should immediately contact an attorney if your child was injured in a school bus accident.
Proving a School is Liable for Your Child’s Injuries in Georgia
Liability for injuries at school often comes down to negligence. Since schools, teachers, and administrators bear much responsibility for student safety, the issue of negligence is a significant concern for schools and parents alike. Our Alpharetta personal injury lawyers can help you prove that a teacher or school administrator acted negligently and that your child was harmed.
The first element of negligence we must establish is duty. Duty refers to the legal obligation of the school and its employees to keep your child safe. Duty is often based on a special relationship between the defendant and the injured person. In this case, students and teachers arguably have a special relationship, as students rely on their teachers for instruction and safety.
Next, we must show that there was a breach or violation of the duty of care. Exactly what the breach looks like will vary based on how your child was injured. Possible breaches include allowing a child to participate in dangerous activities without supervision. Alternatively, if a student left school grounds and was hurt because their teacher was inattentive, that might be considered a breach.
We also must prove causation, meaning we must show that the injuries sustained by your child were caused by the teacher’s or administrator’s breach. We must also show that the damages (i.e., injuries) your child experienced were real, not just possibilities or hypothetical.
Call Our Georgia Personal Injury Attorneys for a Free Case Assessment
Our Macon personal injury attorneys can help you get justice for your child. While suing a public school is difficult, it can be done. For a free case review, call Howe Law at (844) 876-4357.