Children are prone to running around without a care in the world, but every now and then this innocent play will turn into a more serious accident. Children are at a big risk for slip and fall accidents, especially at the school where they spend most of their time. If your child was injured while at school, a personal injury lawsuit may seem like the most obvious answer. There are more steps when it comes to filing a suit against a government agency, however. And because public schools are owned by the government, you might need to fight harder to get recovery for your child's injuries.
Injury Lawsuits Against Government Entities. Personal injury lawsuits against government agencies such as public school districts are subject to special rules that are called the Tort Claims Acts. These requirements generally ask the person involved in the personal injury suit to file a notice of claim. This notice serves as an invitation to the government to accept or deny the injury claim before the injury lawsuit can be filed. These claims also have a shorter statue of limitations that might be as short as 60 days, compared to the three years that sometimes govern personal injury lawsuits. Failing to file your claim within this time frame or not following the proper procedures might result in your child's claim being denied and barred from being refiled.
Premises Liability Claims Against Schools. Slip and fall lawsuits are often filed under the legal condition of premises liability, which makes a property owner liable for injuries sustained while on the property as the result of unsafe conditions. The government, however, has immunity that makes it more difficult to prove liability (premises liability is longer a satisfactory condition).
With the help of one of the injury attorneys at Byrd Davis Alden & Henrichson, LLP, you can find out what conditions must be met for you to file a lawsuit against the public school where your child was injured. If you feel like you have trouble with filing the government claims or that the school is resistant to admitting fault for an injury that you believe they caused, call us immediately. Slip and fall accidents are serious and your family deserves to be compensated for this injury.