School Injuries & Legal Claims

Schools generally owe students a duty of care to maintain a safe environment. This duty typically includes properly maintaining facilities, ensuring that staff are qualified and trained, and taking reasonable precautions against foreseeable risks. If a school fails to meet this standard, and a child is injured, liability may arise under the theory of negligence. To prove a negligence claim, it is usually necessary to show that the school owed a duty, breached that duty, and caused the child’s injury.

Sometimes the school isn’t the only potentially responsible party, though. Here’s a look at what might happen after some common types of injuries at school or related to attending school.

Slip and Fall Accidents

In slip and fall cases, liability often hinges on whether unsafe conditions on school property existed and whether the school knew or should have known about those conditions. Wet floors, icy walkways, or broken staircases may constitute hazards. If school officials failed to recognize and address these issues within a reasonable timeframe, they may be liable for injuries. In showing liability, evidence such as photos, maintenance logs, and witness statements can help establish when the hazard appeared and what action the school failed to take.

Sports and Playground Injuries

Schools are expected to oversee sports and playground activities, provide appropriate supervision, and maintain safe equipment. Liability may arise when a child is injured due to an absence of supervision, a lack of proper training, or defective equipment. If an injury occurs because a school failed to furnish necessary protective gear, such as helmets for contact sports, that omission may constitute a breach of duty. If the cause of the injury is a defective product, however, such as a malfunctioning swing or flawed sports equipment, liability may extend to the product’s manufacturer.

School Bus Accidents

Negligence by a school bus driver can lead to liability for their employer under a rule called vicarious liability. This means that an employer is liable for negligence by its employees in performing their job duties. The driver’s employer might even be directly liable if it hired a driver who was unqualified to operate the bus. In some cases, though, a defective bus component may shift liability to a manufacturer or a maintenance company.

Food Safety

Schools generally have a responsibility to provide safe meals for students. If a child becomes ill or injured due to improper handling, storage, or preparation of food, liability may arise. Failures in food safety protocols, such as maintaining correct storage temperatures or preventing cross-contamination, can amount to negligence. If an outside supplier provided a defective or contaminated product, though, liability may shift to that third party.

Abuse and Bullying

A teacher or staff member who abuses a student can be held personally liable. A school may also face liability if it failed to implement proper hiring practices, disregarded warning signs, or neglected to investigate credible complaints. In these instances, the school’s own actions—or lack thereof—may amount to negligence.

Bullying incidents can give rise to liability for the school if officials knew or should have known that a particular student faced harassment and failed to take prompt, reasonable steps to prevent it. Proving liability in bullying cases often requires showing that the school either overlooked the situation or failed to follow its own policies once made aware of a threat.

Suing a Public School

Filing suit against a public school or school district typically involves compliance with notice requirements, since public institutions often have varying degrees of governmental immunity. Many states mandate that injured people file a Notice of Claim within a prescribed timeframe. This notice usually describes the incident and the injuries and offers a preliminary outline of the damages sought. If the claim is denied or receives no response, a plaintiff may proceed with a lawsuit in court, subject to any additional limitations imposed by state law.

Last reviewed April 2025