Was your child injured at school? Who’s liable for their injuries? Do you sue the school?

Here’s why a child injured at school may not be a straightforward lawsuit like you think.

When children go to school, they use recess time to get physical activity. When they’re little they run around, play on the playground swing sets and slides, and sometimes they trip and fall. Or, when they’re older they start playing sports, and sometimes they get hit by the ball or they get tackled.

When these accidents occur, whose fault is it? Is it the school’s or the school district’s? The accident happened on the school’s grounds, so it would make sense that they should be liable, but the fact is, it’s not that black and white of an issue.

To prove that the school was liable in the case of an injured child, an attorney for the child’s family would have to prove that the school was negligent. While school’s have a duty of care to reasonably protect their students, it does not necessarily mean they are liable if their students sustain injuries.

School districts are a part of political subdivisions that are immune from most lawsuits, except under very narrowly particular circumstances. There are also very tedious processes for filing legal action against a school district. Most states require that the family first file a claim with the school district, outlining the accident and the injuries that occurred, so that the school district has an opportunity to investigate the claim. Check with the rules and time limits for filing in your state.

To learn what your child’s rights are if they were injured at a daycare center, visit here.