School Premises Liability

Generally, public schools and municipalities in Illinois are offered legal immunity from claims and lawsuits regarding “ordinary” negligence. However, there are exceptions, which include negligent failure to maintain public improvements such as roads/highways and situations in which an entity and/or its employees acted in an “intentional and willful” manner which was indifferent to the safety of others. In particular, injury claims against schools/school districts can be complicated and require special attention to unique deadlines and procedures.

If your child has been injured at school or during a school-related activity on the premises, it is recommended to ensure the successful completion of medical treatment for his/her injuries before filing a negligence claim in order to obtain all relevant medical bills, reports, and other paperwork. They are absolutely essential for demonstrating the nature and extent of the injuries, as well as necessary legal compensation for pain and suffering, which is beyond general medical costs.

Though they are infrequent, exceptions to governmental immunity on behalf of public schools do exist and may be applied to claims in which negligence – a breached duty of care – can be proven. There are two primary factors, and the first is the general cause of the injury: if the injury resulted from inadequate supervision on behalf of teachers or other school employees, the school may be held liable for their negligence. The second is the nature of the injury and whether it was “foreseeable” and, therefore, preventable. Examples of foreseeable incidents among students include falling from playground equipment, unsanitary conditions, bullying, and tripping/slip-and-falls. Such cases are unique and may depend on very particular aspects of the injury and circumstances under which the accident occurred.

In addition to establishing a breached duty of care, causation must also be proven, which means that the school was the proximate cause of the injury sustained. Proximate cause, in turn, means that an “intervening” unforeseeable event or circumstance led to the injury.
When approaching the daunting task of pursuing an injury claim against a school, you must be prepared for what may be a lengthy and complex process. According to an Illinois statute of limitations, these claims may not be filed later than one year following the date of the injury, and other formal requirements may need to be met before filing the claim. There is no time to waste; speak to an experienced personal injury attorney as soon as possible.

If your child has suffered an injury due to negligence on behalf of a school, contact 844 See Mike for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.

Lastly, 844 See Mike is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.