When your child is hurt at school, the first worry is their health, and the next is who is responsible. The answer often depends on what kind of school it is, and the rules for public schools are very different from those for private ones. Philly Injury Lawyer helps families across Philadelphia understand their options and handle the deadlines. Your consultation is free, and you pay nothing unless we win.
Private and Public Schools Follow Different Rules
Private, Religious and Parochial Schools
A private school must use reasonable care to keep students safe. That includes keeping buildings and grounds in good repair, supervising students appropriately for their age, hiring and training staff carefully and responding to known dangers such as bullying. If the school falls short and a child is hurt, the school can be held responsible under ordinary negligence rules.
Public Schools
Public school districts are protected by Pennsylvania’s Political Subdivision Tort Claims Act. They can be sued only when an injury fits one of the listed exceptions, and damages are capped at $500,000 per incident. Charter schools may be treated as public schools for this purpose, so check with a lawyer before assuming which rules apply.
Exceptions That Allow Claims Against Public Schools
- Dangerous school property (real property): broken stairs, loose railings, unpadded gym walls, faulty doors and similar defects in the building or grounds. In Brewington v. Philadelphia School District (Pa. 2018), the Pennsylvania Supreme Court allowed a claim to go forward for a student hurt running into an unpadded gym wall.
- Vehicles: crashes involving school buses and other district vehicles. See school bus accidents.
- Trees, traffic controls and street lighting under the district’s control.
- Sidewalks next to school property.
- Sexual abuse by staff, where the district’s negligence allowed it to happen.
Claims that a teacher or aide failed to supervise students, such as during a fight or on the playground, usually do not fit an exception at a public school. The same claim may succeed against a private school. A lawyer can look at whether a property defect also played a part.
Common School Injuries
- Falls on wet floors, stairs and icy entrances
- Gym class and sports injuries, including concussions
- Playground injuries from broken equipment or unsafe surfaces
- Injuries from falling objects, doors and furniture
- Food allergy reactions when a care plan isn’t followed
- Injuries caused by bullying or assaults
- Bus stop and drop-off crashes
What Parents Should Do
- Get your child medical care and keep every record.
- Ask the school for a written incident report and keep a copy.
- Photograph the place where your child was hurt, and their injuries, as soon as you can.
- Write down the names of teachers, staff and other children who saw what happened.
- Save emails, texts and notes about earlier complaints or problems.
- If it’s a public school, talk to a lawyer quickly so written notice goes out within 6 months.
For a step-by-step checklist, see accidents at school: first steps. For younger children, see daycare injuries.
School Injury FAQ
Sometimes. As a local agency, the School District is immune from most claims, but you can bring one when the injury fits an exception, such as a dangerous condition of school property or a school vehicle crash. Written notice is due within 6 months.
For a child, Pennsylvania’s 2-year deadline usually doesn’t start until their 18th birthday. For a public school, give written notice within 6 months. Acting early protects evidence.
A private school may be responsible if it failed to supervise properly or ignored known threats. Public schools are usually immune from supervision claims, though the student who caused the injury, or their parents, may sometimes be responsible.
Pennsylvania Law in Plain English
Often, yes, but it depends on the school. Private and religious schools can be held responsible for carelessness like any property owner. Public schools, including the School District of Philadelphia, are local agencies with immunity, so a claim must fit one of the limited exceptions Pennsylvania law allows, such as a dangerous condition of school property.
You generally must give a public school district written notice within six months. For a child, the two-year deadline to file a lawsuit usually doesn’t start until their 18th birthday, but don’t wait: evidence disappears quickly.
Talk to a Philadelphia Injury Lawyer
If you were hurt or your child was hurt at school, you don’t have to sort out the rules on your own. Philly Injury Lawyer will review what happened, explain your options and handle the deadlines for you.
Call (215) 735-4800 for a free consultation. You pay nothing unless we win. We Win or It’s Free®.
