Understanding liability, compensation, and legal options for school-related injuries
School injuries can result from unsafe premises, negligent supervision, bullying, or defective equipment. In Illinois, parents can file lawsuits against schools, staff, or third parties if negligence caused harm to a child. However, sovereign immunity laws and specific legal deadlines can affect claims. If your child has been injured at school, understanding liability laws and compensation options is crucial to protecting their rights.
Raise your hand if you’re the parent of a school-age child.
Nearly 50 million children are enrolled in K-12 schools in the United States. Specifically, there are about 34 million in prekindergarten through 8th grade and about 15.5 million in grades 9-12.
In Illinois, there were more than 1.85 million children enrolled in prekindergarten through 12th grade in the 2023-2024 school year. Breaking it down further, Illinois has nearly 4,000 schools in 853 districts. The state comes in at No. 7 on the U.S. News and World Report rankings of K-12 education.
Most kids go through school with only minor injuries like cuts, a skinned knee, maybe a physical education-related bump on the head, or similar.
But nationwide, the statistics show that school-related injuries do happen more frequently than you might think.
Statistics on school-related injuries in the U.S.
| Medically attended or temporarily disabling injury | 1 in 14 students each year |
| Transported from school to emergency department* | 2.4 million incidents per year |
| Playground injuries treated in emergency departments | More than 200,000 per year |
| Head and face injuries at school | Approximately 30% |
| *Nearly 50% more boys than girls were transported from school to an emergency department because of an injury. | |
How do kids get hurt at school?
Most school injuries happen during the commute to and from school (either walking, bicycling, or on a school bus) or during recess/playground or other recreation time.
| Top Ten School-related injuries by age | ||
|---|---|---|
| Elementary school (ages 5-10) |
Middle school (ages 11-13) |
High school (ages 14-18) |
| 1. Playground climbing structures | 1. Sport or recreation | 1. Football |
| 2. Sports/recreation | 2. Football | 2. Basketball |
| 3. Playground/recess (not climbing) | 3. Basketball | 3. Sports/recreation |
| 4. Floors (slip and fall) | 4. Stairs or steps | 4. Stairs or steps |
| 5. Slides | 5. Floors | 5. Volleyball |
| 6. Chairs | 6. Soccer | 6. Wrestling |
| 7. Stairs/steps | 7. Other ball sports | 7. Track & field |
| 8. Doors | 8. Ceilings and walls | 8. Soccer |
| 9. Football | 9. Exercise | 9. Floors |
| 10. Soccer | 10. Volleyball | 10. Ceilings and walls |
| Source: National Electronic Injury Surveillance System (NEISS), 2022 | ||
As you can see, the types of accidents shift from accidental (falls from chairs, etc.) to more sports-related accidents as students get older.
Other types of school-related injuries include:
- Concussion (youth sports or physical education classes)
- Falls from defective playground equipment
- Wet floor slip and fall accidents
- Spinal injuries from falls down stairs
- Daycare incidents that include Shaken Baby Syndrome
- Allergic reactions from food
- Broken bones from sports or recreational activities
Who’s liable for an Illinois school injury?
It’s the nightmare scenario: Your phone rings during the workday, and the number of your child’s school is on the display. Let’s face it… the school isn’t calling you during the day with good news. For many parents, hearing the school nurse’s voice on the line causes your heart to jump into your throat. Usually, the panic is short-lived; it’s a tummy ache or low-grade fever and they just need an early pickup.
But it’s possible that the phone call is notifying you of a serious injury to your child.
Of course, your first priority is to get to school and make sure your child has the medical attention they need. Once that’s squared away, you might be wondering whose fault is this? And how do we prevent it from happening again?
Personal injury law and public schools in Illinois
This isn’t the same as a typical personal injury claim.
In general, a claim for personal injury involves proving that the defendant was negligent. A defendant is negligent when they caused an injury because of a lack of reasonable care to avoid harm.
Do schools have a higher duty of care than other entities?
Generally, yes.
The “duty of care” as a legal concept means a person or entity has special responsibility for the safety of a person under their care.
A school has a higher duty because it’s in charge of the care and supervision of students. This has a higher standard of care than employer has for its employees, for instance.
A school is required to fulfill its duty in ways that include:
- Providing a safe learning environment
- Supervising students to prevent foreseeable harm
- Hiring and retaining qualified and competent staff
- Taking reasonable steps to prevent a foreseeable risk
- Providing appropriate instruction for any activity that could be dangerous
- Maintaining school grounds and facilities in a reasonably safe condition
However, Illinois treats lawsuits against public schools differently.
In a lawsuit against an Illinois public school, the plaintiff must prove “willful and wanton” misconduct—not just negligence.
The Illinois Tort Immunity Act protects public entities, including schools, from liability for ordinary negligence. “Willful and wanton misconduct” is when the school or its employees intentionally caused harm or the harm was with a conscious disregard for a student’s safety. Note: This is for public schools only; for a lawsuit against a private school, the plaintiff may follow a simple negligence standard.
Notice requirement for Illinois school lawsuit
The Illinois Tort Liability of Schools Act (745 ILCS 25/1) requires that any person who intends to file a lawsuit against a school district must submit a written statement to the school board attorney or clerk within six months of the date of the injury. The statement must include the injured person’s name, the date and time of the accident, its location, and the name and address of the treating physician.
Further, the statute of limitations for a lawsuit against an Illinois public school (i.e. the amount of time in which a plaintiff may file a lawsuit) is one year—this is shorter than the typical two-year statute of limitations for other types of lawsuits.
Is there a damage cap in a lawsuit against an Illinois school?
Yes, in general, you may receive up to $10,000 in a lawsuit against an Illinois school. There might be exceptions if it’s a severe injury.
This is because a school is taxpayer-funded and has limited resources for student education, and the law’s purpose is to protect a school district’s resources and funding as much as possible. If your child suffered a serious injury, you can contact an Illinois personal injury lawyer to learn whether your lawsuit might be eligible for higher damages.
When can you hold a school liable for an injury in Illinois?
Situations when a school might be liable for a student’s injury include (but are not limited to):
- Inadequate supervision if a teacher, coach or other staffer fails to properly supervise students and someone is injured
- Insufficient playground maintenance or repair
- School bus accidents, if the school bus driver is negligent.
- Bullying and violence, if the school does not address issues that result in an injury.
- Improper food sanitation and service
- Dangerous conditions, or failure to maintain premises in a safe condition, like failure to remove ice and snow or repair a dangerous staircase
- Inadequate security
For example, if a PE teacher forces a child to participate in a physical activity even though the child has a doctor’s note excusing them from class, and the child is injured as a result, that could be grounds for a lawsuit. Or, if a lab teacher does not provide protective gear for students performing an experiment, and doesn’t explain how to safely do the work, this could also be actionable in an Illinois personal injury lawsuit against a school.
In each of those scenarios, the teacher purposely disregarded safety standards and precautions.
What should you do if your child is injured at school in Illinois?
- Seek medical attention. Your first priority is to ensure that your child receives the medical treatment they need.
- Request documentation. Obtain a copy of any incident report, camera footage, or other documentation of the incident when your child was injured.
- Provide notice. Be sure the school is informed of the incident, even if you’re not sure whether or not you’ll file a lawsuit.
- Consult an Illinois personal injury lawyer. If you’re considering a lawsuit, consult a personal injury lawyer immediately.
Your lawyer will work with you to maximize the amount of damages you can receive or negotiate an acceptable settlement.
See our guide Choosing a personal injury attorney.