Injuries on School Grounds and Premise Liability

Historically school districts were viewed as institutions performing the work of the government and courts recognized that if schools were held liable for injuries, taxpayers would end up footing the bill for the lawsuits.  For this reason, all states had laws which made school districts immune from lawsuits.  Over the years though, states have changed their laws regarding immunity to different degrees.  Some states require that schools carry sufficient insurance to cover negligent causes of injury to students and some states have waived the immunity only with regard to transportation incidents.

Liability of School to Provide Safe Environment

Students, staff and visitors have the same rights to a safe environment on school premises as anyone on any other premises where people are invited to conduct business. 

Injuries occur by:

• assaulted by students or faculty members
  
• slippery sidewalks, or newly cleaned floors
  
• falling bleachers during a sporting event
• playground equipment
• heaving concrete steps and walkways.

The school has the responsibility to maintain a safe environment and must take reasonable precautions to repair or at least warn people of potential hazards.

Injured on School Grounds?

Students have successfully filed personal injury lawsuits against schools for being injured by other students or by staff.  Students who have shown that they have reported bullying to the school, but the school did not take appropriate action to correct the problem have successfully won judgments against the school for failing to protect the students from the bullies that inflict harm on other students.  Similarly, a school is responsible for hiring caring staff and will be liable for actions of the staff that result in injury to any student, visitor or other staff member.  Teachers have the responsibility to act “en loco parentis” which means they act as parents to the students while the students are in school.  The teachers are required to assist students where there might not normally be a duty for them to do so.

Contact a Lawyer

The burden of proof remains on the Plaintiff (injured person) as in all personal injury cases.  The Plaintiff has to prove that the school failed to maintain the premises in a safe manner or that the school had notice of an unsafe condition and failed to correct the problem. In most states, schools must carry liability insurance to protect the taxpayers in the event of a lawsuit.  A jury in any personal injury law suit will consider the degree of precautions and degree of responsible of reasonable care taken by the school maintenance and supervisory staff.