Who is Responsible for My Child Being Injured at School in Pennsylvania?

There are a substantial number of devastating injuries that occur on or around school property each year, leading to physical and emotional damage to children and their families. If your child was injured during school, you may be considering a lawsuit.

Liability claims against schools and their faculty can be incredibly complicated and will depend on the specific facts and circumstances of the injury. Public schools are governmental entities that may be shielded from liability under sovereign immunity laws. However, numerous exceptions exist, and you may still be able to sue your child’s school for injuries that occurred under specific circumstances. Private schools are not governmental entities and may be sued like any other private organization.

The Philadelphia school injury attorneys at the Reiff Law Firm explain who can be held liable for school-related injuries in Pennsylvania. Call (215) 709-6940 for a free case review from our personal injury lawyers.

Can You Sue the School if Your Child Gets Hurt on Their Property in Pennsylvania?

When children are injured at school, parents usually demand that someone be held responsible. Depending on how and whether the accident occurred on school property, the school may be held responsible in a lawsuit.

Public Schools and Sovereign Immunity

If your child was injured while at school, your first thought may be that the school should be held liable for their injuries. However, public school districts in Pennsylvania are “political subdivisions” and are protected by what is called “sovereign immunity”.

Under the Political Subdivision Torts Claim Act § 8541, public schools are generally not held liable and are immune to damages resulting from an injury unless under special circumstances.

Fortunately, there are a wide variety of exceptions to general governmental immunity that would allow you to file a liability claim if your child were injured at public school. However, it is important to note that if and when they are sued, their maximum liability for harm is capped at $500,000.

Private Schools

If your child attends a private school, there are no specific rules regarding liability claims. If your child was injured and you believe the school or one of its employees is responsible, you can file a personal injury lawsuit. Government immunity laws apply only to private schools that receive federal funding.

Exceptions to Sovereign Immunity

Despite the fact that public schools have general immunity, there is an extensive list of exceptions that may allow you to file a liability claim.

Right off the bat, the injury must meet the following criteria: the damages must be recoverable under common law, and the injury would have to be a direct result of the negligence of the school or an employee.

Schools have a duty to provide safe environments for children while they are away from their families. They are required to provide safe food, shelter, transportation, and medication. If the school or employee breaches their duty of care, and that breach results in an injury, then you might have a negligence case. However, for you to have a case, the injury must stem from one of the following exceptions outlined in § 8541 of the Political Subdivision Torts Claim Act:

Vehicle Liability

The first exception is among the most common exceptions to sovereign immunity. It states that a student may claim compensation if they are injured by the negligent operation of a motor vehicle in the school district’s possession or control, such as a school bus.

While school bus accidents are perhaps the most common example of this kind of case, a school might have other vehicles under its control. For example, when school clubs or sports teams must travel, they may use a van or some other vehicle smaller than a bus. If an accident occurs, the school may be held responsible.

Personal Property

Public schools are responsible for the care, custody, and control of personal property. Damages can be recoverable if injury resulted from the improper care, custody, and control of personal property of the school district.

Real Property

Damages may be recoverable if the injury resulted from the improper care, custody, or control of the school district’s real property. In order to have a successful claim, you must prove that the school knew about the defective and dangerous real estate, yet did nothing to fix it before an injury occurred. This exception does not apply to fixtures, such as chairs or tables, that are not part of the real estate itself.

Premises and Property Conditions

Another exception is if there is a dangerous condition involving trees, traffic signs, other traffic controls, or street lighting systems under the school district’s care, custody, or control.

Unsafe Utility Services

You may also be able to recover compensation if there existed a dangerous condition of the facilities of steam, sewer, water, gas, or electric systems owned by the school district. However, you bear the burden of proving that the condition created a reasonably foreseeable risk of the type of injury that was incurred, and that the district was aware of the condition at a sufficient time before the event to have protected against it, and failed to do so.

Streets and Roads

You may also recover compensation if a dangerous situation on the streets owned by the district caused the injury, yet you will need to prove that the condition established a foreseeable risk and was known about for a sufficient amount of time before the incident.

Sidewalks Around the School

If a dangerous condition of sidewalks within the rights-of-way of streets owned by the school district was present, with the stipulation of proving a foreseeable risk and prior knowledge of the condition, with a sufficient amount of time before the incident.

Animals Owned by the School

You may also recover compensation if there was improper care, custody, or control of animals owned by the school district. This might be something like a class pet that bit or injured your child, or a service animal that the school is responsible for, which caused injuries.

Sexual Abuse

The final exception is if your child suffered sexual abuse and the injuries were caused by the actions or omissions of the school.

Civil Rights Violations

Additionally, you may be able to file a case for a civil rights violation. Federal statutes allow you to sue the government for civil rights violations. Since public schools are government entities, you may file a claim for discrimination against a student or police brutality.

Negligence Case Example

A 2019 decision, Brewington v. City of Pennsylvania, shows promise for students who suffered injuries due to unsafe school property.

In 2012, a 9-year-old student tripped during gym class and hit his head against an unpadded concrete wall, sustaining a concussion and long-lasting brain damage. He missed weeks of school recovering, and he suffered from headaches and memory problems for years following the incident. His mother sued the school for negligence, and the Pennsylvania Supreme Court concluded that the failure to pad the gym wall fell under the exception of real property to sovereign immunity.

Can the Teacher or Administrator be Held Liable?

There may be cases in which the teacher or an administrator is found responsible for a student’s injuries.

Liability of Teachers and Administrators

The term in loco parentis is a legal principle applying to teachers and administrators. The term refers to the duty that teachers and administrators must act “in place of the parent” by ensuring safety and providing supervision. If a child sustains an injury while under the care and supervision of a teacher or administrator, there may be grounds for negligence.

Legal Duty of Teachers and Administrators

Four legal conditions must be met to establish negligence: duty, breach of duty, causation, and damages.

The term in loco parentis already represents the duty that teachers and administrators have to ensure the safety of students. However, the extent of the duty may depend on the specifics of the accident, but generally refers to the level of care that an ordinary, prudent teacher or administrator would have provided in a similar situation.

How Did an Administrator or Teacher Violate Their Legal Duty?

The second step in establishing a teacher’s or administrator’s negligence is proving that they violated their duty through their actions or lack of action/supervision.

Next, you must establish that the breach of duty of care directly caused the child’s injuries. Finally, there must be actual harm from the injury for a negligence claim to succeed.

Foreseeable Accidents

Establishing whether a teacher or an administrator is responsible for a child’s injury is incredibly complicated because unanticipated and unavoidable accidents happen all the time. Thus, determining responsibility will depend on whether the accident was foreseeable—whether the administrator or teacher knew of a dangerous condition—and whether they exercised reasonable care and proper supervision.

Intentional Acts of Harm Against Your Child

There are also cases where a child is injured due to the intentional acts of other students, teachers, or administrators. This falls under the legal category of intentional torts, and most commonly includes bullying that results in physical harm to a student.

Bullying

If it is a case of bullying, the parents of the offending student may be held liable for the injury. Additionally, the school may be held liable if it had reason to believe the bullying might occur, or if it failed to stop the harassment, which would constitute a negligent act.

Intentional Harm from a Teacher or Administrator

There could also be cases in which an adult employee injures a child, such as if a teacher or administrator physically harmed or sexually abused a child. If this is the case, you may be able to sue the person directly, and the school district could also be held liable for failing to conduct a proper background check or to offer appropriate training or supervision.

Filing a Claim Against the School District

Personal injury lawsuits against a government entity are complicated. If you do not file a “notice of claim” with the school district within six months of the injury, your case will likely be dismissed if you attempt to file a lawsuit later on.

The notice must describe the nature of the school accident claim, including the negligence of the school or its employees, and include a dollar amount of compensation you are seeking. The school district will then investigate the claim. If they deny the claim or have not responded to the claim within three to six months, you can proceed with a lawsuit.

How Do You Gather Proof of the School’s Negligence After Your Child is Hurt?

No case can succeed without evidence. When accidents happen at school, the school may control most of the evidence we need, which can make obtaining evidence difficult, but not impossible.

Your Child’s Medical Records

First, we should obtain copies of your child’s medical records related to their treatment for the injuries they sustained at school. These records may be necessary to prove how your child was injured, the extent of their injuries, and the cost of medical care.

Witness Testimony

Witnesses are a major component of many civil injury cases. When a child is injured at school, there may be numerous eyewitnesses, including teachers, administrators, and other students.

We can talk to your child about when, where, and how the accident occurred. They may be able to name people who were present at the time of the accident. We should interview these people and see if they can provide valuable testimony to support your case in court.

School Records

Certain records maintained by the school may shed light on the accident and how it happened. These records may be especially crucial if they show that safety concerns were repeatedly reported to the school, yet nothing was done to prevent the accident.

For example, parents might sue a school for allowing their child to be bullied to the point of injury. School records may indicate that the victim reported the bullying to the school numerous times, yet no teacher or administrator intervened.

FAQs About Responsibility for Injuries at Pennsylvania Schools

Can You File a Lawsuit if Your Child is Injured at School?

Yes. If your child is hurt at school, you may be able to sue the school for damages. When a child is at school, the school has a legal obligation to keep the students safe and healthy. If a child is injured, it may be because the school violated its legal duty of care.

Can Public and Private Schools Be Held Responsible for Injuries to Students?

Yes. Both public and private schools may be held responsible for injuries to students. However, suing a public school is very different than suing a private one. Public schools are governmental entities and shielded from liability by sovereign immunity laws. You may sue a public school only under specific circumstances where immunity is waived. A private school has no immunity and may be sued like any other private entity or organization.

How Do You Start a Lawsuit Against a Public School in Pennsylvania?

You may begin a lawsuit against a public school by contacting a lawyer for help as soon as possible. Since the school is a public, governmental entity, you must navigate specific legal procedures that apply to lawsuits against the government. Specifically, you must file a notice of your claim with the school within 6 months of the accident, or else you could lose your right to file the case.

Can a School Teacher or Administrator Be Held Liable for Accidents or Injuries at School?

Yes. Public school employees, including teachers and administrators, are government employees who may be shielded from liability. However, if your case constitutes an exception to sovereign immunity laws, you may sue the teacher or administrator and the school they work for. Private schools and teachers are different and may be sued as private people and organizations.

Can You Sue a School for Injuries Related to Bullying from Other Students?

Yes. While bullying is often regarded as a common childhood problem, schools may bear some responsibility when bullying gets out of hand, and kids get hurt. Schools owe a duty to keep kids safe, and that sometimes means keeping students safe from each other. If your child’s bully was clearly a danger to your child and the school did nothing to intervene, the school may be responsible if your child is hurt.

How Long After an Accident at Your Child’s School Should You File a Lawsuit?

Outside of notice requirements that may apply when suing a public school, personal injury claims in Pennsylvania must be filed within 2 years of when the injuries occurred, barring special circumstances. It may take a long time to fully prepare a case before it is filed, so it is best to contact a lawyer for help as soon as possible.

Call Our Personal Injury Lawyers Today

You could be entitled to compensation if your child was injured at school. Liability claims against schools or employees are complicated because public schools are government entities. Contact our law office today at (215) 709-6940 for a free case review. Our veteran personal injury attorneys have experience handling a variety of school injury cases and will work tirelessly to ensure you receive compensation for your child’s injuries.