As a parent, you send your child to school confident they will be safe and provided a nurturing and accepting environment in which to learn and develop. You certainly do not expect your child to suffer serious injury, neglect, or abuse at school, particularly not from their teachers or administrators.
Unfortunately, accidents do happen. Worse, students can suffer physical injury and emotional and psychological trauma from various occurrences on school grounds or during school-related events. In many situations, a student would not have been injured were it not for a preventable accident or the wrongful actions of others.
All states allow injured parties to sue those responsible for their injuries to receive damages and other restitution. This applies to students, parents, or any other visitors lawfully on school grounds.
However, suing public K-12 schools and state colleges and universities can get complicated due to sovereign immunity. This legal concept states that a government entity cannot be sued or is immune from civil action. That is not to say it can't be done. State law can supersede sovereign immunity. In fact, most states provide exceptions to sovereign immunity to allow injured parties legal recourse to obtain compensation from the school that harmed them or their children. For example, Pennsylvania statutes define exceptions to governmental immunity, and many other states have similar statutes. Incidentally, private schools that receive no government funding and so-called “for profit” schools do not privilege from any form of sovereign immunity, and you can sue one the same as you would a private individual or corporation.
So, depending on the circumstances, yes, you can probably sue your child's school or your college or university for damages resulting from injury the school either caused or should have prevented. State laws differ, and other legal factors come into consideration. Therefore, you need to discuss your situation with an experienced Student Defense Attorney in your state for specific advice regarding your rights and options. You also need to understand what could come from suing your school and how to go about it.
Why Do You Need to Sue the School?
Your situation could be one where your child suffered an injury because they were attending a school-sponsored event, and something occurred, such as an act of violence perpetrated by others at the event. Your student could have also tumbled down the stairs because of a spill or faulty flooring, or they could have broken their arm on the playground.
Maybe your child was injured or abused during inappropriate or extreme disciplinary measures the school took against them. Although very few school districts allow for corporal punishment (spanking), some do—even those that don't usually have policies for restraining students who are deemed a threat to others or themselves. Teachers, staff, or administrators could have taken things too far or were not qualified and trained properly to deal with your child in that kind of situation.
Additionally, if your student has a disability, the school must follow very strict procedures in dealing with your child and accommodating their disability. If they do not, you may have grounds for a lawsuit. The same holds true for other unjustified or overwrought disciplinary actions, such as expulsion.
You or your child could have experienced sexual assault or harassment, discrimination, or any number of other wrongful actions that caused you pain and suffering for which you should be compensated.
When You Can Sue a School for Damages
As mentioned, most states allow injured parties to sue public schools and state-funded colleges under the legal principle of gross negligence. This means you need to be able to show that the school is responsible for the injury—and the injury does not have to be physical. You could receive compensable damages for things like emotional distress, for instance. High schools, in particular, are known to be high-stress environments that can lead to psychiatric events.
In order to have a valid claim against a school, you must have legal grounds and evidence to support your claim. All civil actions rely on causation to determine liability. In simplest terms, you must show the court the following:
- Duty – The school owed your child a duty of care. Schools inherently have a duty to provide the utmost care for their students and keep them safe and healthy.
- Breach – The school breached that duty through carelessness, negligence, or intentional wrongdoing.
- Cause – The breach caused your child (or you) to suffer physical, financial, or psychological injury.
- Damages – You or your child sustained compensable damages as a result.
Although the legal concept appears simple, proving negligence and establishing liability is a complex process that requires the skills and knowledge of an experienced attorney.
Grounds for Suing a School for Damages
If you or your child suffered injuries at school due to something that was directly the school's fault or the school should have mitigated, you likely have a lot of questions about your legal options. As stated above, you may have grounds if you can show the school is liable for your child's injuries. Some common grounds to sue a school include:
- Premises liability – The school has a responsibility to keep your child, you, and all other lawful visitors safe. If a school knew (or should have known) about a hazard and failed to fix it or warn others of the danger, you could have a claim against the school for gross negligence in keeping the school safe. This includes on school buses and during sporting events, assemblies, and daily school activities.
- Sexual abuse or sexual harassment – If a school employee sexually assaulted your child, you may pursue a claim against the school for damages. In some cases, you may have a claim if another student perpetrated the offense and the school was aware of the threat but did not do anything to prevent it. Congress passed Title IX in 1972 as part of the Education Amendments, and it mandates schools must prohibit sexual discrimination and provide access to support services to victims of sexual assault or violence.
- Bullying – Bullying is a major problem in many schools, and incidents of cyberbullying happen with alarming regularity. Just as schools must keep their premises safe, they must also protect children from harmful behavior from other students. If the school knew or should have known about the bullying and did nothing, you may have a claim.
- Discrimination – No public school (or any school, for that matter) may discriminate against students based on federally protected rights, such as religion, race, sex, gender, and national origin. Schools could be in violation of Title VI of the Civil Rights Act of 1964 if they do.
- Failure to provide for disabled students – Schools must also abide by the Individuals with Disabilities Education Act (IDEA) as well as other federal statutes regarding students with disabilities. IDEA imposes strict rules regarding how schools must accommodate and discipline students with disabilities, and they must ensure they do all they can to help the student succeed academically.
- Unjustified disciplinary actions – If the school went too far in disciplining your child or violated the law or their school policies, you may have grounds to sue for any resulting damages.
Other grounds could exist to bring a valid claim against a public or private school for damages they caused to your child or to you. Each case is different, and your options depend on the circumstances of your case. Contact an experienced student attorney right away to discuss your claim and learn about how they can help you.
Suing a School Based on Disciplinary Actions
All public and private schools, colleges, and universities have student codes of conduct. They also have policies regarding how to deal with students who violate the rules.
However, sometimes schools impose excessive disciplinary actions on students for violations where a less-severe punishment would have sufficed. Worse, students can be falsely accused of violations and not given appropriate due process.
One of the harshest consequences of violating school rules is expulsion. This is when a student commits a heinous violation that warrants their (often immediate) removal from the school. Oftentimes, students who are expelled or suspended long-term are placed in alternative education programs, like a Disciplinary Alternative Education Program (DAEP) or a Juvenile Justice Alternative Education Program (JJAEP). These programs have come under harsh criticism for their lack of appropriate educational resources and ability to provide a safe and productive environment for their students.
You could have a claim against a school for wrongful expulsion if your student was not provided the opportunity to attend a formal hearing. Your student has a Constitutional right to be informed of the charges against them and present evidence and witness testimony as a defense. They also have the right to be represented by an attorney or a student attorney.
If the school administered corporal punishment to your child, you may have a claim based on your state's laws and the policies of the school. If your child sustained injury because of improper or excessive efforts to restrain your child, you may also have a claim.
If you have a student with disabilities and you believe the school did not honor your child's IEP or otherwise was negligent or too harsh in disciplining your child without considering their disability, you may be able to bring legal action against the school.
How Do I Sue a School?
If you believe you have a legal claim against a school, you must first contact an education law attorney or a student attorney and discuss your claim with them. You will need to have a legal leg to stand on, so to speak, and be able to present admissible evidence or provide enough credible evidence that warrants further investigation.
An attorney or attorney will determine whether sovereign immunity applies and whether you can proceed with filing a claim. If so, they can complete the necessary requirements for filing a lawsuit and file it for you at the appropriate court that will hear your case.
Your attorney can also identify all potential defendants. This can include the school district, the school where the incident occurred, and the school board—along with any teachers, administrators, staff, or other district employees involved.
After your attorney files your case, the defendants will be notified of the lawsuit. Your attorney will then begin the discovery process with opposing counsel and attend pre-trial conferences. In many cases, lawsuits can be settled outside of court through mediation and negotiations. In fact, many courts require pre-trial mediation in civil actions. Your attorney can help you negotiate any settlements or pre-trial resolutions.
If your case proceeds to trial, your attorney will use the evidence collected in discovery to present a compelling case on your behalf to attempt the judge or jury to side in your favor. If successful, the court may then award you damages.
What Kinds of Damages Can I Recover if I Sue a School?
The types of damages you can recover in a settlement or judgment depend on many factors. Some states have passed tort claims acts that limit the amount of money injured parties may receive in certain civil actions. However, you can generally expect to receive economic and non-economic damages.
- Economic damages are for financial losses you incurred because of the injury. These include medical costs, therapy expenses, lost income or wages, property damage, and other things that have a defined dollar amount.
- Non-economic damages refer to the pain and suffering the injury has caused, and will continue to cause, in your life. They include emotional distress, mental anguish, physical pain, depression, anxiety, and many other intangible damages.
In some cases, courts will award punitive damages on top of any compensable damages listed above. Punitive damages are meant to punish the school and send a message to others not to commit that sort of behavior. Courts usually only award punitive damages in cases where they find the defendant was egregiously negligent, extraordinarily reckless, or intentionally meant to cause harm.
Contact an Experienced Student Defense Attorney for Help
No matter where you live or where your child attends school, you can retain the Lento Law Firm's Student Defense Team for help understanding your rights and options for taking civil action against the school and recovering damages.
The Lento Law Firm Student Defense Team has years of experience defending students nationwide against unwarranted disciplinary actions and other legal issues with their schools. We can review your case and advise you on how best to proceed. You can also trust that we will fight hard to hold the school accountable for the injuries or suffering you or your child have experienced due to an avoidable tragedy.
Call 888.535.3686 or go online now to request a confidential consultation from a skilled and experienced student attorney today.
