Was Your Child Injured at School? Seeking Compensation is Difficult
Parents hope that their children are safe at school. Unfortunately, thousands of children are injured in accidents due to faulty equipment or in attacks when teachers fail to control students. At Pita Weber Del Prado, we work with concerned parents to build claims for compensation. When a child is hurt at school, Florida law makes it hard to get justice, but we have the experience and legal knowledge concerned parents need.
Private versus Public Schools
Your ability to sue a school will depend in large part on where your child was hurt. The laws governing private schools are different from those applicable to public schools.
Private schools are like any other business. They owe their clients or customers a duty of care, and they are liable when someone is hurt due to the business’s negligence. Many children are injured by:
- Building defects, like puddles on the floor, leaky roof, missing tiles. A child can slip and fall or trip and fall.
- Defective equipment in the school or playground equipment. A child might fall off a playground jungle gym or suffer injury when a computer or Bunsen burner blows up in their face.
- Natural hazards, including holes in the ground or potholes which develop in the parking lot. Schools should regularly inspect the premises to find defects and then fix them in a reasonable amount of time.
- Assault, including assault by a teacher or student. The school could be liable for failing to supervise an employee or other students, which contributed to the assault.
If the school is liable for failing to protect a child, they should pay compensation. One limitation might be a waiver form you signed, which purports to release the school from liability accidents or injuries.
Let our office review. These agreements are not always enforceable, especially if they try to limit liability for reckless or grossly negligent conduct. As an example, a school might know a teacher has had multiple complaints regarding sexual assault. If they continue to employ this person, they have been grossly negligent.
What if your child was hurt in a public school? Public schools, including public charter schools, are considered part of the state, and the state is immune from lawsuits. Florida law provides narrow exceptions where this sovereign immunity is waived. We can analyze the facts to see if you can fit a claim into an exception.
Often, we can sue if an employee was negligent. However, state law limits the amount you can receive to $200,000, and there is a cap on payouts per accident. Furthermore, parents need to meet certain deadlines; a written notice must be filed within three years of the injury.
Once you notify the district of the claim, they can investigate and offer a settlement. Parents should hire an experienced lawyer to help negotiate with them.
Contact Pita Weber Del Prado to Discuss Any Accident
Our firm believes that children should be protected, and we can hold schools accountable when they fail to fulfill this duty. Call to speak with a Miami premises liability attorney to go over what happened at school and your child’s injuries.
Source:
flsenate.gov/Laws/Statutes/2024/0768.28
