Can I Sue a School for Negligence in Illinois?

 Posted on August 14, 2023 in Personal Injury Lawsuits

As a parent or guardian, your child's safety and well-being are paramount. When your child attends school, you trust that the educational institution will provide a safe and nurturing environment. However, serious accidents caused by negligence can occur at schools just like they can anywhere else. If your child has suffered an injury due to the negligence of a school or its staff, you may wonder if you can pursue legal action. In Illinois, it's possible to sue a school for negligence, but certain conditions must be met. To better understand the laws and your available options, it's best to meet with a Waukegan injury lawyer as soon as possible after learning of your child's injury.

Establishing Negligence

To pursue a negligence claim against a school in Illinois, you need to demonstrate four key elements:

• Duty of Care: You must establish that the school owed a duty of care to your child. Schools have a legal obligation to take reasonable steps to ensure the safety and well-being of their students while under their supervision.

• Breach of Duty: You must show that the school or its staff breached their duty of care by failing to act reasonably or taking actions that put your child at risk.

• Causation: You must establish a direct link between the school's breach of duty and your child's injury. 

• Damages: Finally, you must provide evidence of the actual harm or damages your child suffered as a result of the school's negligence. This could include medical expenses, pain and suffering, emotional distress, and any other losses incurred due to the injury.

As a parent, you should always keep in mind that things that may seem like unavoidable accidents may actually be the result of negligence. For this reason, you should always have a Waukegan personal injury attorney review the facts of any incident that resulted in injury.

Types of School Negligence

Potential school negligence cases might involve one or more of the following:

• Premises Liability: Injuries caused by unsafe or poorly maintained school premises, such as slippery floors, broken equipment, or hazardous conditions.

• Supervision Failures: Negligence can occur when a school fails to provide adequate supervision, leading to accidents or incidents of bullying or violence.

• Negligent Hiring or Training: If a school employs unfit staff or fails to provide proper training, it can lead to situations where students' safety is compromised.

• Sports or Physical Education Accidents: Schools are responsible for ensuring that sports activities are conducted safely and proper equipment and supervision are provided.

• Transportation Accidents: If your child was injured while being transported to or from school, negligence on the part of the school or transportation provider may be considered.

Was Your Child Injured at School? Seek Legal Advice Today

Suing a school for negligence can be a complex process, and the outcome depends on the case's specific circumstances. To navigate this legal terrain effectively, seeking advice from an experienced Waukegan personal injury lawyer is crucial. 

At Salvi & Maher, LLP, we can evaluate the merits of your claim, guide you through the necessary steps, and help you pursue fair compensation for your child's injuries and damages. To schedule a complimentary case evaluation, call our office today at 847-662-3303 or contact us online.