We have seen a number of children injured at public schools – one young boy who was injured when a little girl threw a ball at his head, a teenager who was injured during football practice, and there are certain things you should be aware of if you, your son or daughter has been injured at school. A public school possessses sovereign immunity.
Essentially, and severely simplifying it, they are immune from tort suits with certain exceptions. Amongst these are "gross negligence," which is the most common exception we have seen here at Abrams Landau. Gross negligence is failure to use even the slightest amount of care; it is a very high standard. In addition, you, as the plaintiff, have to notify the school within a short period of time. These cases can get very complicated. If you have been injured at school, make sure to contact us as quickly as possible. It is always a real shame when we have to tell a potential client that the time period during which they could have made a claim has passed; earlier is always better.