Did your child get hurt because their school failed to keep them safe? Illinois law gives you the right to hold the school accountable if staff ignored risks or behaved carelessly, but doing so isn’t easy. Numerous rules and regulations can complicate these cases, and they differ depending on whether the school is public or private. The Chicago school injury attorneys from Salvi, Schostok & Pritchard P.C. can review what happened, explain your legal options, and take the steps necessary to protect your child’s rights. Contact us today for a free consultation to learn more about how our team can help your family recover.
Common Types of School Negligence
Schools have a responsibility to keep students safe during the school day and at school-sponsored activities. If teachers or other school staff fail to uphold this responsibility, children can suffer preventable injuries. Here are some examples of the most common forms of school negligence that can give rise to legal claims in Chicago:
Lack of adequate supervision during recess or in hallways
- Inadequate security or unlocked school entrances
- Negligent hiring or retention of staff with prior misconduct
- Failure to provide proper medical attention for injuries or illnesses
- Failure to address known bullying or harassment
- Defective playground equipment or poorly maintained facilities
- Food safety violations in cafeterias
If you suspect your child’s injuries were due to the negligence of school officials or staff, a Chicago child injury lawyer from Salvi, Schostok & Pritchard P.C. can review your situation and explain your rights during a free case evaluation.
Suing Public Schools vs. Private Schools in Illinois
Parents might expect that if a child is injured because of a school’s carelessness, they will have their medical bills and other expenses covered by filing a claim against the school. However, under Illinois law, parents’ options depend on whether the school is public or private.
A private school can be sued for ordinary negligence if a teacher or staff member fails to act reasonably and a student gets injured as a result. Public schools, however, fall under the Illinois Local Governmental and Governmental Employees Tort Immunity Act. This law shields public entities, including public schools, from claims of ordinary negligence and instead sets a higher liability standard of willful and wanton misconduct or gross negligence. Under this law, a public school is not legally liable when a student’s injuries are caused by mere carelessness by one of its employees.
Critical Deadlines: The Illinois Tort Immunity Act
Suing a public school in Illinois requires you to comply with some of the shortest deadlines in personal injury law. The Illinois Tort Immunity Act for schools gives families only one year from the date of injury to file a lawsuit against a public school or a school employee. If parents miss this deadline, they can completely lose their right to sue, even if their claims are valid.
The law also requires parents to send written notices within six months of the injury to the proper local government entity, usually the school district in these cases. The notice required in school injury cases must include details like the date, location, and cause of the injury. Without this notice, the court may dismiss the case, even if families meet all other deadlines and requirements. These strict rules illustrate why it’s so crucial for parents to act quickly and consult a school injury attorney in Illinois after a school negligence injury.
Contact a Chicago School Negligence Attorney
School negligence can change a child’s life in seconds. The Chicago school negligence lawyers at Salvi, Schostok & Pritchard P.C. can act fast to protect your child’s right to a fair recovery. Contact us today to get started with your free consultation and learn more about your options.
