Parents trust schools to provide a safe environment where their children can learn and grow. While teachers and administrators generally work to maintain that safety, injuries on school grounds still occur. Falls on playgrounds, school bus accidents, and classroom incidents can leave children hurt and families facing unexpected expenses like medical bills and rehabilitative therapy.
These incidents raise an important question for parents in Georgia: Can you sue a school when your child is injured? If so, when? And if not, why?
The answer depends on several factors, including the type of school involved, the nature of the injury, and how Georgia law treats personal injury claims against public institutions. Public schools benefit from legal protections that make lawsuits challenging, while private schools are subject to different rules. This blog explains the laws governing school injuries in Georgia, outlines when a claim may be possible, and how a school injury lawyer can help if your child is injured.
Common Causes of Injuries at Georgia Schools
School injuries can happen under a wide range of circumstances. Some of them result from unavoidable accidents, but others may stem from inadequate supervision, unsafe conditions, or failures in safety protocols. Understanding the most common causes of school-related injuries is the first step in determining when legal action may be an option.
Playground Accidents
Playgrounds remain one of the most common areas where children are hurt at school. Falls from monkey bars, swings, or slides may result in broken bones or head trauma, especially when the surface beneath the equipment is not maintained with proper impact-absorbing materials. In other cases, playground equipment that is worn down or left in disrepair creates hazards that increase the likelihood of serious injury.
School Bus Injuries
School bus accidents can lead to severe injuries. These incidents may occur when drivers are inadequately trained, distracted, or fail to follow established safety protocols. In some cases, poorly maintained buses contribute to collisions or mechanical failures. When these situations arise, both the school district and any private transportation contractors involved may be examined for liability.
Sports Injuries
Participation in athletics and certain extracurricular activities naturally involve some level of risk, but liability may exist when schools fail to take reasonable safety measures. Examples include failing to maintain gymnastics equipment, requiring students to play without proper protective equipment, ignoring medical restrictions, or neglecting to follow concussion management guidelines. Coaches and staff have a responsibility to balance athletic participation with safety, and when that balance is ignored, sports-related injuries can and do happen.
Classroom and Facility Hazards
Hazards inside classrooms and school buildings are another common cause of student injuries. Wet floors without warning signs, broken desks, or poorly secured shelving can all create unsafe conditions that lead to slip and fall accidents, traumatic brain injuries, and more. In science laboratories, improper storage of chemicals or failure to provide protective gear may result in burns, respiratory issues, chemical poisoning, or other injuries. If the school has a cafeteria, improper storage of perishables could result in food poisoning.
Bullying and Violence
Bullying and student-on-student violence present a serious safety issue in many schools. When administrators are aware of ongoing harassment or threats and fail to intervene, their inaction can expose the school to liability. Failure to enforce anti-bullying policies, provide adequate supervision in high-risk areas, or address repeated complaints may strengthen a parent’s case. These situations are complicated, but they demonstrate the legal responsibility schools carry to protect students from foreseeable dangers.
Understanding Georgia Sovereign Immunity Laws
Sovereign immunity is a legal doctrine that protects public entities, including Georgia’s school districts, from many lawsuits. In practice, this means that parents can’t automatically sue a public school district just because an injury occurred on school grounds.
This immunity applies to school districts and school employees who are carrying out their official duties. For example, if a teacher is supervising recess and a child is injured in an unexpected fall, immunity will likely prevent legal action against both the teacher and the district.
Differences Between Public and Private Schools
As we said at the beginning of this post, Georgia law treats public and private schools very differently when it comes to liability. For families considering a claim after a school-related injury, the type of institution can determine what legal options are available.
Public Schools
Public schools are government entities, which means they benefit from sovereign immunity. This protection shields school districts and employees from most lawsuits unless a clear exception applies. Even when an exception exists, parents must follow strict rules, including the ante litem notice requirements and short filing deadlines. Because these protections are broad, claims against public schools are limited and procedurally challenging. Speak to a school injury lawyer if you are unsure about the legal liability of an injury your child experienced in a public school setting.
Private Schools
Private schools don’t receive the same protections as public ones. They are treated like other private organizations. If a student is injured because of negligent supervision, unsafe facilities, or inadequate hiring practices, a lawsuit can move forward under general negligence principles. While private schools may raise defense arguments against your injury claim, they lack the blanket protection of sovereign immunity, which gives parents a clearer path to pursue compensation. If your child was injured at a private institution, a school injury lawyer can help you file a claim.
Filing a Claim Against a Georgia Public School
When your child is injured at a public school and you want to take legal action, the first step is filing an ante litem notice, which serves as a formal warning to the school district or local government that a legal claim may follow. Because the law treats this notice as mandatory, failing to complete it correctly almost always ends the case before it begins.
The Ante Litem Notice Requirement
The ante litem rule is set out in O.C.G.A. § 36-33-5. For claims involving injuries tied to a city or county school district, you have six months from the date of the incident to submit the notice. The document must be delivered to the correct governing body (usually the school board or superintendent).
What the Notice Must Contain
The law requires the notice to include several specific elements. You must provide:
- The date, time, and location of the incident.
- A clear description of what occurred.
- The injuries sustained by the student.
- The amount of damages being sought.
Each of these elements is mandatory. If any are missing, the notice is too vague, or it’s delivered to the wrong entity, the personal injury claim is likely to fail. The purpose of this requirement is to give the school district a fair chance to investigate the incident and decide whether to resolve the matter before litigation.
Why Working With a Personal Injury Lawyer is So Important
Because of these strict rules, the ante litem notice is one of the most important parts of a school injury case. At the same time, it’s difficult to get it right without legal training and experience, which is why you should hire a lawyer if you plan to pursue an injury claim against a school.
A personal injury attorney can make sure the notice is prepared accurately, supported with the right documentation, and delivered to the proper entity within the six-month period. They can also explain your legal rights, prepare and file your claim, and pursue the compensation your child needs to heal and put this incident behind them.
Was Your Child Injured at School?
As a parent, you rely on the school to keep your children safe, but injuries can still occur. Georgia law places strict limits on when public schools can be sued, making these claims difficult to pursue without legal guidance. Still, exceptions exist, and in the right circumstances, schools can be held accountable.
The Champion Firm, Personal Injury Attorneys, P.C. has a record of success in helping Georgia families pursue injury claims. We bring the experience and resources needed to evaluate claims against schools, prepare the required filings, and pursue compensation in court when the law allows it.
If your child suffered a playground injury or any other preventable incident at school, our child injury attorneys are ready to review your case and explain the legal options available to your family. For more information or to schedule a free consultation, call 404-341-4276 by phone, text, or chat today.
