Can I Sue My Child’s Private School?

Private schools only have sovereign immunity if they get money from the federal government, which means it is often easier to sue a private school. You still must prove that the injury was the school’s fault or the fault of a teacher or staff member.

If you are suing a private school, you have two years to file your claim starting on the day your child sustained the injury.

Actions or Inactions That May Justify a Lawsuit

For either public or private school, here are some things that may be grounds for a lawsuit:

  • Your child suffered an injury while school personnel left her unsupervised.
  • Another student hurt your child and the school failed to prevent and/or stop it.
  • Your child sustained an injury because the school building, equipment, or grounds were in poor or dangerous condition.
  • School personnel injured your child deliberately or through negligence.
  • The school punished your child harshly or unusually.
  • Your child suffered physical, emotional, or sexual abuse.
  • Your child suffered injuries on the bus or another school vehicle.
  • Your child got food poisoning at school.

Whom Should You Sue for the Injury?

As always, it depends on the facts of your case but in general:

  • You might be able to personally sue an individual teacher or staff member if their actions (or lack of action) caused injury to your child.
  • You may be able to sue the school principal or administrator if she is to blame.
  • You may be able to sue the school bus driver.
  • You might be able to sue the manufacturer or installer of equipment if faulty equipment caused the injury.
  • You may be able to sue a contractor or repairman if they were working at the school and failed to ensure the safety of students.
  • You may be able to sue the parents of the student who bullied or hurt your child. You may be able to file criminal or delinquency charges against the student, depending on what happened.
  • For food poisoning, it depends on what or who caused the food to go bad. Depending on the circumstances, you might sue:
    • The cafeteria worker who prepared the food.
    • The company that sold the food to the school.
    • The delivery truck company if it did not store the food properly before and during transit.
    • The freezer or refrigerator manufacturer if faulty equipment is to blame.
    • The supervisor in charge of making sure equipment worked properly.

If you cannot sue individuals, you may need to sue the school or school district to recover the compensation you need.

Talking to a Lawyer Can Help

We know how hard it is to see your child injured. And you can — and should — hold any involved parties liable for her injury. But remember, every case is different and has its own complications. The facts of your case determine will determine what option is best for you. The Law Office of Jason R. Schultz, P.C. can evaluate your case for free and help you hold the school or any other parties liable for your child’s injury. Call us at 404-474-0804.

Jason R. Schultz
Helping Georgia area residents with car accident, medical malpractice, and personal injury claims since 1991.