Sometimes, kids think they’re invincible, but they can suffer severe injuries associated with slip and fall accidents. They can trip and fall while playing, fall in stairways, or get hurt while participating in school-sponsored extracurricular activities. When such accidents occur, the child’s parents can file a personal injury lawsuit for the child to get compensated. Note that a public school district is a government agency, and there are specific steps you must take to successfully pursue a personal injury claim for slipping and falling at school or any other public institution.
Personal injury claim against a government facility
All personal injury claims against government facilities, such as public schools, are subject to specific rules referred to as Tort Claims Acts. While these laws vary from one state to another, they require the individual involved in the slip and fall accident or any other type of accident in which a government employee or entity is involved to issue a notice of the claim. This offers the institution a chance to accept or deny the claim long before the victim of the accident can file a lawsuit.
Besides, personal injury claims against government entities are sometimes subject to shorter statutes of limitation. The deadline for pursuing a claim following an injury while in school or any other government facility could be as short as 60 days, depending on the specific laws of your state. If you fail to follow the set rules or don’t issue a notice of claim within the specified period, your claim will be denied.
Nearly all slip and fall accidents claims are file under the concept of premises liability. This legal theory makes a proper owner liable for damages associated with unsafe conditions on the property. While it is possible to sue a government entity such as a school, the government immunity laws might create a higher standard that should be met to prove liability for a slip and fall accident. And sometimes, an unsafe condition that caused a slip and fall accident might not be enough for your child to get compensated after an accident.
Public or private?
Often, you will need legal permission before filing a lawsuit against a public institution such as a university or a school. When suing such a government entity, the law requires you to file a tote claim with the school district, state or city before you can proceed to file a lawsuit in a federal or state court. This involves filling in a form. The administrative procedure that follows is likely to take several months before you can proceed to sue the school for your child’s injuries.
Regardless of your situation, it is recommended to consult with an experienced lawyer to determine whether or not you have a legitimate passenger reclaim and initiate the process of passing the claim. Remember, filing a personal injury claim isn’t as straightforward as a claim involving car accidents, and you need legal counsel.