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Slip and Fall at School: How Do You Sue?

Children may sometimes think they are invincible, but even children can suffer serious injuries in a slip and fall accident.

When these accidents occur while a child is at school, a personal injury lawsuit may be brought to recover for the child’s injuries. However, there may be several additional steps required in order to prevail against a government agency such as a public school district.

What do you need to know about slip and fall injuries that happen at school?

Injury Lawsuits Against Government Entities

Personal injury lawsuits against government entities such as public school districts are generally subject to special rules, usually known as Tort Claims Acts. Although these rules vary from state to state, they typically require that a person involved in an accident in which a government agency or employee is involved file a notice of claim. This notice gives the government the opportunity to accept or deny the injury claim before a lawsuit may be filed.

Claims against government entities may also be subject to dramatically shorter statutes of limitation. Depending on the laws of your state, the deadline for filing a claim following an injury may be as short as 60 days. Failure to file a notice of claim within the proscribed period of time or failing to follow the rules of the government claims process may result in an injury claim being barred.

Premises Liability Claims Against Schools

Slip-and-fall accident lawsuits are often brought under the legal theory of premises liability. Premises liability makes a property owner legally liable for injuries caused by unsafe conditions on his or her property.

In the case of premises liability claims against government agencies such as public schools, however, government immunity laws may create a higher standard that must be met in order to prove liability. An unsafe condition that may create liability for a private property owner in a slip-and-fall lawsuit may not be sufficient to recover in a slip and fall lawsuit for injuries suffered on government property.

Learn more about recovering damages for injuries suffered in a slip-and-fall accident at FindLaw’s Learn About the Law section on Slip and Fall Injuries.

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