Unlike other injuries, school bus accidents may be difficult to compensate due to various reasons, the main being governmental immunity. So, who should be held responsible for these situations, and what is the procedure for receiving compensation for these accidents? Read on to find out.
The school is legally responsible for keeping students safe on school property or during school-related activities. If your child is injured under their care, you may be tempted to file a lawsuit against them. The school may be liable for a student’s injuries; however, you cannot file a lawsuit outright.
School vehicles and drivers have School District immunity from lawsuits following an accident. However, if the accident was caused by negligence, intentional harm, or a breach of duty, the driver is not protected from litigation.
When will you receive compensation?
Even though the government bars individuals from suing the school district, there are instances when lawsuits are allowed. The most common is when a student sustains severe injuries from an accident.
Specifically, you can sue the school district when a certain hospital bill threshold is surpassed. Compensation in such situations will include cover for medical bills, pain, suffering, and physical therapy. However, minor injuries, such as broken bones and scrapes, will often be overlooked.
You may still file a lawsuit against the school district even when the student did not sustain severe injuries. The grounds for such a claim could be that the school neglected its duty to provide a safe environment for your child (premise liability). Dangerous physical conditions include unsafe equipment, poor electrical wiring, and the presence of toxic materials in the school compound.
Additionally, school staff who intentionally expose students to unsafe conditions may be sued (agent liability). This means they failed to protect the students from violence, bullying, and harassment.
The school will not be liable for accidents happening on school property outside school hours. On that note, you will not receive compensation if a student is injured on school property while engaged in activities unrelated to the school. Also, the school district is exempted from claims for injuries resulting from school sports.
Steps to take when filing a lawsuit file a lawsuit
Below are the steps to take when filing a lawsuit against a school district:
- First, determine whether the school is private or public.
- If the institution is private, the procedure for suing the school will be similar to that of a private organization.
- If the school is public, determine the government entity it falls under. Find out if the school is managed by the city, county, or state. Remember that additional rules apply before suing a public school. You can hire a lawyer to help you figure this out.
- File a government claim. This is done within the first six months of an injury. Make sure the government claim form is for the body responsible for running the school. Failing to go through this step will hinder other efforts in the process.
Key Takeaways
Schools are responsible for keeping students safe on-premises or engaging in school-related activities. The school is liable for the consequences when this duty is neglected, leading to injury.
“When suing a school for damages incurred due to negligence, hiring a lawyer is always a good idea. Doing so increases your odds of succeeding as such individuals tend to have experience dealing with such cases” says, attorney Felix Gonzalez.
