Nationwide Personal Injury Lawyers

Milwaukee, WI 414.276.4970

Can You Sue for an Injury Sustained on School Property?


When people choose their personal injury lawyer based on the endorsement of a football player or actor, they risk choosing an attorney who has never won more money in a courtroom. Settlement mills forward your paperwork and take a cut of your damages.

Hundreds of times we have prepared cases like yours beyond the brink of trial. Facing unlimited liability AND an expensive jury trial, insurance companies fess up what your case is worth. They HATE when you choose Warshafsky. Insurance companies know: it IS about the money.

Milwaukee Personal Injury Attorneys and School Injury Lawsuits

Personal Injury Lawyers When Sustained on School PropertyWhen we send our children off to school, we do so with the understanding that the school has an obligation to provide for the safety and security of all their students. If a school fails to follow accepted standards for providing a safe environment and a student is injured, the school has been negligent in their duty and can be sued for the losses incurred by the student and his/her family.

As one of the top personal injury law firms in the country, Warshafsky Law has extensive experience in all types of personal injury lawsuits—including cases involving students injured on school property. If your child has been seriously injured while on school property or on a school sponsored outing, we can help you recover the expenses you’ve incurred as a result of the injury.

What Kinds of School Injuries Merit a Lawsuit?

Parents often ask if they can sue if their child was seriously injured at school or on a school related outing, such as a field trip or athletic event at another school. In most cases, the answer is yes. However, the injury has to be serious enough to warrant a lawsuit.

The bumps and bruises that accompany athletic events, and even those from roughhousing on the playground, are not the type of injuries that merit a personal injury lawsuit. A bus accident that leaves a child paralyzed, or a fractured skull caused by a bully beating up another child—these are the types of school injuries that merit lawsuits.

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Multiple Parties May Be Held Liable for Your Child’s Injury

With injuries that occur on school property, the school itself is rarely the only party named in a lawsuit.  Consider, for instance, playground injuries. A lawsuit could fault the teacher on duty for inadequate supervision, the school for not properly maintaining playground equipment and the manufacturer of the equipment for an inherently dangerous design or poor construction. If another child’s playground bullying caused the injury, the parents of that child may be held accountable.

Our personal injury attorneys always look to identify all liable parties, particularly those with the deepest pockets. Compensatory awards for any medical expenses you’ve incurred and lost time from work as you’ve dealt with your child’s injury are one thing, but punitive awards are another matter entirely—and no one builds stronger cases and secures bigger judgments and settlements than Warshafsky Law.

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Can You Sue If You Signed A School Liability Waiver?

Every school in the country now requires parents to sign a waiver of liability in order for their children to participate in any athletic activity or field trip. There are even liability waivers for chess club and ping pong. If you don’t sign, your child can’t participate. So, like most parents, you sign them.

These waiver of liability forms essentially coerce you into agreeing that you will not hold your child’s school responsible for any injury your child might sustain. Most parents just assume if their child IS injured, there won’t be anything they can do about it, at least from a legal perspective. But this isn’t necessarily so.

Why a Signed Liability Waiver May Not Preclude You From Filing Suit

If you signed a liability waiver and your child was seriously injured on school property, you may still be able to file a personal injury claim. It’s not at all uncommon for state courts to not uphold a signed waiver of liability. This is because schools and school staff have a legal responsibility to keep students in their charge from harm, and requiring a parent to sign a waiver does not get them off the hook. The one exception to this is with activities deemed “inherently dangerous,” such as contact sports. More on this in moment.

In order to sue a school for negligence, you need to show the following:

  • It was the duty of school personnel to adequately provide for the safety of your child
  • The school failed in their duty of care
  • As a result of the school failing to provide for the safety of your child, your child was injured
  • Your child and you suffered actual damages as a result of the school’s breach of duty

Can You Sue for Injuries Your Child Got While Playing Football at School?

Most courts will uphold the waiver of responsibility you signed when it comes to inherently dangerous sports and activities like football, gymnastics and even cheerleading.

Although the liability waiver you signed prevents you from suing for an injury that happened while your child was engaged in the activity, and probably from suing over injuries sustained as a result of negligence in supervising or transporting your child to an athletic event, it doesn’t shield the school from liability for an injury caused by gross negligence by school staff.

The term “gross negligence” means a reckless or deliberate failure of the person in charge to exercise due care when they should have known their actions were likely to cause harm. For instance, if a soccer coach has the team running back and forth across the field on a hot day with no water breaks and a player passes out from heatstroke and suffers a serious head injury, this would be an example of gross negligence and a personal injury lawsuit would likely be heard by a court.

Get A Free Legal Consultation from Milwaukee’s Top Personal Injury Law Firm

The best way to determine whether you have a case or not is to speak with an experienced personal injury attorney. Warshafsky Law offers a no-cost, no-obligation initial legal consultation to anyone looking into filing a suit for an injury their child sustained on school property. Once we know the details of what happened, we’ll be able to let you know if you have a case of not.

If you have grounds to sue and choose to let Warshafsky Law represent you, we will fully fund your case through trial—in other words, you won’t owe us anything until your case is resolved and you have been compensated. Our No-Win, No-Fee policy ensures that if we don’t win the case, you don’t owe us a thing.

Contact Warshafsky Law online to schedule a free legal consultation, or call us at 414-276-4970.

Milwaukee Personal Injury Attorneys

Krista G.

Warshafsky is a based-in-Milwaukee personal injury law firm serving the injured since the 1950s.

Warshafsky has brought hundreds of successful lawsuits against auto makers, drug companies and insurance companies. Many clients choose us in part because we are able and willing to fund a case fully through trial and even appeal. Insurance companies value your claim based on the quality of your lawyer. No other Wisconsin law firms boast a board-certified accident investigator and a doctor who is also a lawyer and an attorney who represented insurance companies.

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