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Can I Sue My Child’s School for Negligence?

 Posted on October 05, 2021 in Premises Liability

IL injury lawyerAs a parent with school-aged children, you probably trust that your children are safe and well-cared for when they are within the school property. You assume that teachers, custodians, administrators, cafeteria workers, and other school staff will uphold the high expectations you have of them. Unfortunately, some schools miss the mark. If your child was injured or killed due to unreasonably unsafe conditions at their school, you may be able to sue the school and recover damages. However, doing so is a complicated legal process.

When Is a School Liable for a Child Injury?

It is important to keep in mind that suing a public school is quite different than suing a non-government individual or establishment. In a typical personal injury claim, the injured person may sue a party because that party’s negligence, meaning carelessness or recklessness, caused the injury. However, public schools and other government entities are treated differently under Illinois law.

In Illinois, you can only successfully sue a school or school district for s child’s injury if the school or a school employee is acted with “willful and wanton” misconduct. Proving that a school employee acted negligently is not enough.

Holding a School Responsible for a Child’s Injury or Death

When a school or school employee fails to protect a child from preventable harm or intentionally harms a child, they should be held accountable. While difficult to achieve, it is possible to successfully sue a school. In 2016, the Illinois Appellate Court maintained a $2.5 million verdict against a school involving the tragic death of a student. The lawsuit alleges that the school failed to follow emergency medical protocol when the student suffered an asthma attack during class.

Contact a Lake County Child Injury Lawyer

We trust schools to keep our children safe. When a school breaches this trust, it may be held legally accountable. If your child was hurt or killed in an incident at school, contact the skilled Waukegan personal injury attorneys at Salvi & Maher, LLP for help. Our team understands the challenges associated with school lawsuits and how to meet these challenges head-on. With over 85 years of combined legal experience, our lawyers are equipped to handle even the most complex cases. We can help you gather evidence of the school’s misconduct and build a strong claim. You may be entitled to compensation for medical bills, funeral and burial expenses, pain and suffering, and more.

Call us today at 847-662-3303 to schedule a free, confidential consultation and case review.




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