When you send your child off to school, the last thing you expect is for your child to be exposed to an unsafe environment. Unfortunately, sometimes, children do get hurt at school. A school injury for a child can be devastating if the damage is serious or permanent. Too often, a school injury could have prevented with due care and caution.
If your child is hurt at school, you probably have questions. Can you file a lawsuit against the school? Can you sue the school district for your child’s injury? In Nevada, the answer is often yes. Of course, there are some standards that apply and things to be aware of if you’re considering taking legal action. Here’s what you need to know about child injuries and school lawsuits:
Can I Sue the School if My Child Is Injured at School?
Yes, in some circumstances in Nevada, you can sue the school if your child is injured at school. If your child gets hurt because of the negligent actions of a school employee, you may be able to bring a lawsuit to recover financially for your child’s injuries. You may be able to recover for your child’s medical bills and pain and suffering as well as other types of compensation.
Suing Your Child’s School if Your Child is Hurt
A lawsuit against a school in Nevada because of an injury to a child is most often based on negligence. That means that you can show how your child’s injury occurred because someone at the school wasn’t careful enough. You must show how a school employee or representative took an action that resulted in harming your child. Winning a negligence claim in Nevada against a school means proving that the school employees could have taken measures that may have prevented the accident that hurt your child.
Do Schools Have Immunity From Lawsuits in Nevada?
No, schools do not have immunity from lawsuits in Nevada. You may have heard that you can’t sue a school because they’re the government. In Nevada, that isn’t true. Nevada law allows for lawsuits against schools in some circumstances.
The general rule is that you can’t sue a government entity unless they agree to be sued. Nevada lawmakers have made a rule that schools can be sued for negligence. The law is Nevada Revised Statutes 41.031. The law says that the government, including schools, waives its immunity for negligence claims.
For the school to be liable for the actions of an employee, it must have occurred during the course of employment. If the actions occur outside of the teacher’s employment duties and the events just happen to involve a teacher, the school may not be liable. The school is responsible for the actions of their employees as long as the employees are doing their jobs in the scope of their employment when the negligence occurs.
Can You Sue a School for the Intentional Act of a Teacher?
No, you cannot sue a school for the intentional act of a teacher, but you may still have a claim against the school for negligent actions that lead to the teacher’s conduct. Even though you can sue a school for negligence, you generally can’t bring a claim against the school if a teacher acts intentionally to sue the student. Of course, you can bring a claim against the teacher and file a criminal complaint. Generally, though, you can bring a claim against a school for negligence but not for intentional conduct.
Even though the school isn’t responsible for the intentional acts of their employees, they are responsible to hire and supervise their employees carefully. They face legal liability if they retain a bad employee, fail to train their employees properly or fail to monitor and discipline employees adequately. Even if the conduct by the teacher is intentional, you may still have a negligence claim against the school in this capacity.
Are There Damage Caps on Lawsuits Against Schools in Nevada?
Yes, there are damage caps on lawsuits against schools in Nevada. You can recover up to $100,000 in a negligence case against a school. You can’t recover punitive damages. The $100,000 limit is established by law. Your attorney for school lawsuits in Nevada can help you ensure that you recover the full amount of your damages for your Nevada school lawsuit.
Lawsuits Against Schools in Nevada
There are a number of ways that school negligence can result in injury to a child. For example, your child goes out to play at recess. There are a few teachers and parents supervising recess, but they’re talking to each other or on their phones. As a result, there are too many kids playing on the slide. Your child falls off the slide. You may have a claim against the school for your child’s injuries.
In another example, your child participates in gym class. He or she slips and fall on the dusty gym floor and your child’s wrist is broken. The school hadn’t cleaned the floor in several weeks, and as a result, your child slipped on debris and dust that accumulated during that time. You may have a suit against the school for failing to clean the gym floor.
There are countless ways that school negligence can result in harm to a child. If your child got hurt at school, you might not even know how negligence resulted in their injuries. We encourage you to contact our attorneys for school injuries to talk about your case.
Attorneys for School Lawsuits in Nevada
Has your child been injured at school? Are you wondering what to do after a school injury in Nevada? Nevada law has created special rights for victims of school negligence. If your child gets hurt because of the actions or inactions of a school employee, you may have the right to bring a claim for compensation. Let us help you understand the law and guide you through the claims process. The time to file your claim is limited, so contact us right away. We’re waiting to hear from you.