If your child was injured at school, you might be wondering whether the school can be held legally responsible. Depending on the circumstances, you may be able to file a lawsuit seeking compensation. If a school is private, it can be sued for negligence, just like most other private entities. However, public schools enjoy certain legal protections that make it more difficult to sue in the event a student is injured.
This article explores how to work around these obstacles when your child was injured at little to no fault of their own. Read on to learn more. The legal team at Ryan, Bisher, Ryan & Simons is ready to answer any remaining questions you may have in a free, no-obligation consultation.
Can I Sue a School If My Child Was Injured?
In general, yes. Schools may be held liable for student injuries that occur on their premises or during school-related activities. As in most personal injury cases, the claim would most likely be based on a negligence theory of liability.
Negligence arises when someone fails to take reasonable precautions to avoid causing harm to others. To prove negligence, you must show by a preponderance of the evidence that the defendant owed a duty of care. For example, schools must ensure that their premises are safe for students and visitors. When failure to do so gives rise to an accident, injury victims may be entitled to compensation.
However, trying to sue a public school is generally more challenging than suing a private school. This is because public schools are considered governmental entities, which benefit from significant immunity from lawsuits. For example, under Oklahoma’s Tort Claims Act, schools are immune from lawsuits involving:
- Participation in interscholastic or athletic contests sponsored or conducted by or on the property of the school;
- Use of school property made available for public recreation outside of normal school hours, on weekends, or during school vacations;
- The use of “necessary and reasonable force” by a school employee to control and discipline a student during school hours, transit to and from the school, or during school-sponsored functions; and
- Actions taken in good faith by a school district employee for out-of-school suspension.
In short, suing schools can be complicated, and the viability of your claim will vary widely depending on the facts of your case. If you are thinking of suing a school — private or public — for injuries sustained by your child, the best thing to do is consult with a skilled team of personal injury lawyers as soon as possible after the injury.
Do I Have to Notify the School That It Is Being Sued?
Yes. One important technicality found in the TCA is the need to provide timely notice to the governmental entity you are attempting to sue. Specifically, you must send written notice of your intention to sue before one year passes after the alleged incident. Failure to do so will most likely result in your case being dismissed in court.
Common Examples of School Negligence
Though suing a school can be complicated, it is certainly not impossible. If you believe you have a valid claim, you should not hesitate to consult with a lawyer. At Ryan, Bisher, Ryan & Simons, we offer free initial consultations and encourage you to have your case evaluated by one of our skilled attorneys. Examples of negligence that may lead to liability for a school include things like:
- Lack of teacher supervision during recess;
- Failure to respond to student complaints of bullying, harassment, or violence;
- Inadequate background checks when hiring teachers and other staff members;
- Inadequate security on school grounds, such as unlocked gates/doors, lack of surveillance cameras, or poorly designed policies;
- Failure to maintain facilities and equipment; and
- Improper operation of school buses.
Get in Touch with an Experienced School Injury Lawyer in Oklahoma City Today
If your child was injured at school, contact Ryan, Bisher, Ryan & Simons today to schedule a free, no-obligation consultation with an experienced personal injury lawyer. We proudly help clients throughout Oklahoma secure the full and fair compensation they deserve for injuries sustained at little to no fault of their own. We are ready to do the same for you.
We are Ryan Bisher Ryan & Simons, a legal firm that, for decades, has been fighting for the rights of hardworking Oklahoma residents. Our mission is to hold the powerful accountable.
