How to Sue a Public or Private School in Florida After a Child’s Injury

When a child gets hurt at school, parents often face difficult questions about accountability and next steps. In the 2023–2024 school year alone, over 6,000 student injuries were reported on Florida campuses. Schools have a legal duty to keep students safe, but the path to compensation after an injury occurs varies dramatically between public and private schools.

If your child was injured due to inadequate supervision, unsafe facilities, or a failure to intervene in harmful behavior, you have options. This guide from Florida personal injury attorneys explains what the law requires, how immunity affects your case, and what realistic outcomes look like.

Can You Sue a School for Negligence in Florida?

Yes, but the process depends on whether the school is public or private. Public schools in Florida are government entities protected by sovereign immunity under Florida Statute §768.28, which limits how much money you can recover and requires specific procedures before filing. Private schools do not have these immunity protections, so suing a school district or private institution requires a different path.

What Counts as School Negligence

Negligence means the school failed to meet its legal duty to keep your child safe. This happens when school staff knew or should have known about a dangerous condition but did not act. Common examples of school injuries include:

• Inadequate supervision during recess or lunch: Not enough school employees watching students, especially near playground equipment or during transitions between classes.
• Unsafe premises on school grounds: Broken stairs, slippery floors without warning signs, exposed electrical wiring, or damaged playground equipment that was not repaired, creating premises liability.
• Failure to stop bullying or harassment: School officials knew other students were targeting your child, but took no meaningful action to protect the child from harm.
• Improper handling of medical emergencies: Staff member delayed calling 911, gave the wrong medication, or ignored signs of a serious health crisis.

Not every child's injury is negligence, though, as kids often fall and scrape knees, etc. The question is whether a school employee failed to take reasonable precautions that would have prevented serious personal injuries.

Four Elements You Must Prove

Florida law requires you to establish four specific things before a negligence case succeeds when you sue a school. Missing even one means your legal claim fails.

• Duty of care: Schools and school employees must take reasonable steps to protect students from foreseeable harm during all school activities, including classes, recess, field trips, and school bus rides. This duty is based on the legal principle of in loco parentis, meaning the school stands in place of the parent during school hours.
• Breach of duty: A school official, school staff, or government entity fails to meet safety standards or ignores school policies. For example, a Florida Auditor General report found that some schools allowed untrained personnel to act as security or respond to mental health crises — clear failures to follow state laws.
• Causation: The injury occurred as a direct result of the breach. If the school failed to stop known bullying by other students or neglected to act in a foreseeable risk situation, they may be held liable under federal law and Florida precedent.
• Actual damages: The child’s injuries must result in real harm, such as medical treatment, missed school, or emotional distress. According to Florida Department of Health guidelines, schools must report injuries requiring emergency care or causing a student to miss half a day or more — these reports help gather evidence for your case.

A personal injury lawyer will focus on these four elements to prove negligence and pursue fair legal remedies. Proper documentation is essential to support your legal options and build a successful claim in the appropriate court.

Public vs. Private Schools: Different Rules Apply When Suing Schools

The biggest difference when suing schools for negligence is sovereign immunity. Public schools are part of Florida's government structure (considered subdivisions of the state government), which means state law caps damages at $200,000 per person and $300,000 per incident under Florida Statute §768.28, regardless of the severity of the personal injury. Anything beyond that requires a special act from the Florida Legislature, known as a claims bill.

Private schools operate like any other private business. They do not have damage caps or immunity protections, allowing an injured student to pursue full compensation through a standard personal injury lawsuit.

This matters because a catastrophic child's injury that costs $500,000 in medical bills might only recover $200,000 from a public school district through the court system. The rest would require convincing legislators to pass a claims bill, which is a separate political process that can take years.

Filing a Claim Against a Public School District

Public schools require an administrative complaint process before you can sue. Skipping these specific procedures means losing your right to recover anything, no matter how strong your case is when suing a school district.

Notice of Claim Requirement

You must file a formal notice with both the school district and the Florida Department of Financial Services, Division of Risk Management. This notice describes what happened, who was responsible, and what damages your child suffered. The district then has six months to investigate and respond under Florida Statute §768.28. They may offer a settlement, deny the legal claim, or propose mediation.

Important note: This six-month waiting period can not be skipped, and filing in the wrong format or with the wrong office can invalidate your entire claim against the government entity.

Time Limits for Suing a Public School

Under Florida Statute §768.28, you have three years to file a personal injury claim against a public school district, but only two years for wrongful death cases. While HB 837 shortened the statute of limitations for general negligence claims to 2 years, school negligence cases still follow the sovereign immunity 3-year rule.

Missing these deadlines ends your legal options, so act fast. File your administrative complaint early — waiting too long could push your claim past the limit, especially since the school district has six months to respond. Gather evidence early, including incident reports, disciplinary action records, school policies, and staff training logs. A Florida Auditor General report found that many schools lacked required safety documentation — a key factor in proving institutional negligence.

How to Sue a Private School in Florida

Private schools do not have sovereign immunity, which simplifies the process of filing a lawsuit against a school and removes damage caps.

Standard Personal Injury Lawsuit Process

You file a complaint in the appropriate court describing the negligence and damages. Discovery follows, where both sides gather and present evidence. Most cases settle before trial once the school sees the strength of your proof when you sue a private school.

Private schools often carry liability insurance with limits far higher than the public school cap. This means realistic compensation for serious personal injuries without the restrictions that apply when suing a government entity, such as a school district.

Proving the Same Four Elements

You still need duty, breach, causation, and damages for a successful claim. The difference is that once you establish these elements, there is no artificial ceiling on what you can recover. Juries decide compensation based on actual harm, not legislative limits, when suing a school that is privately operated.

No Administrative Complaint Step

You do not need to file a notice of claim or wait six months when you sue a private school. Your attorney files directly in court, allowing for a faster resolution of your case compared to the complex process required for suing a school district.

What Damages Can Be Recovered in School Negligence Cases

Understanding how much you can sue a school for negligence depends on the type of damages you suffered and whether the school is public or private. Florida law recognizes both economic and non-economic damages in personal injury claims.

Economic Damages: Financial Losses Caused by the Injury

These cover out-of-pocket expenses and lost income tied directly to your child’s injury. Documentation is critical — keep all medical records, receipts, and billing statements.

• Medical expenses: ER visits, hospital stays, surgery, therapy, medication, and future care.
• Lost wages: Missed work due to caregiving or medical appointments.
• Loss of future earning capacity: When permanent injury limits your child’s career options.
• School-related costs: Tutoring or learning support caused by time missed from school activity.
• Property damage: Broken items like glasses, devices, or clothing damaged during the incident.

Non-Economic Damages: Harm to Your Child’s Well-Being

These damages reflect how the injury occurred impacts your child’s emotional and daily life. In serious personal injury claims, they often make up the largest share of compensation.

• Pain and suffering: Physical pain and discomfort during recovery.
• Emotional distress: Anxiety, depression, or trauma, especially after bullying, sexual abuse, or school staff misconduct.
• Loss of enjoyment of life: Inability to participate in sports, hobbies, or social events.
• Disfigurement or scarring: Permanent visible injuries affecting self-image or social interaction.

Punitive Damages: When Misconduct Goes Beyond Negligence

While most school district cases involve only compensatory damages, punitive damages may be available if school employees or officials acted with gross negligence or intentional misconduct.

Florida Statute §768.72 allows punitive damages in civil lawsuits if the defendant’s behavior shows a reckless disregard for safety or rights. This is rare but may apply in cases involving sexual misconduct, corporal punishment, or extreme inadequate supervision.

Evidence You Need to Build Your Case

Document everything from the moment you learn about the injury when considering how to sue a school. Cases are won or lost based on the proof you can present in court.

Immediate Steps After an Injury

Request copies of the official incident reports that the school must file. Take photos of the injury and the location where the injury occurred. Get contact information for any witnesses, including other students, parents, or school staff who saw what happened.

Seek medical attention immediately, even for injuries that seem minor. Doctors create medical records describing the harm, which later becomes crucial evidence in establishing liability. Save all medical bills, prescription receipts, and documentation of missed work or school.

School Records and Policies

Obtain your child's complete file, including attendance records, disciplinary action notes, and any previous complaints you filed. Request the school's written policies, staff training records, and maintenance logs for equipment or areas involved in the incident.

Recent Florida Auditor General audits show that schools sometimes fail to maintain proper documentation of required safety training, which can prove institutional negligence. If similar gaps exist in your case when you sue a school, they strengthen your legal claim.

Witness Statements

Talk to other parents whose children saw the incident. Collect written statements while memories are fresh. Teachers or school staff willing to confirm what happened or acknowledge previous complaints provide powerful testimony in a lawsuit that school officials may try to defend.

How a Personal Injury Attorney Can Help with Your School Injury Case

Suing a public or private school involves a complex process that requires strict compliance with state laws. A qualified personal injury lawyer can manage every step and help you build a valid claim.

• Handle procedural requirements: Files the notice of claim under Florida Statute §768.28, tracks deadlines, and manages the school district’s six-month response window.
• Identify exceptions to immunity: Knows when school employees can be named for misconduct beyond simple negligence.
• Gather critical evidence: Requests incident reports, interviews staff members and other students, and reviews school policies.
• Document full damages: Works with doctors to prove both physical injuries and long-term emotional distress.
• Negotiate or litigate: Fights low settlement offers, and if needed, files in the appropriate court for maximum legal remedies.

Most personal injury attorneys work on a contingency basis, so there is no cost unless your family wins compensation.

Get the Legal Support Your Family Deserves

If your child was injured due to school negligence, gather documentation immediately and consult a personal injury lawyer who handles both public institution and private school cases. We have helped Florida families pursue justice when children suffer preventable harm, explaining legal options clearly while handling complex procedural requirements of government entity claims and immunity protections. Contact us for a free consultation to discuss your specific circumstances and learn about the realistic outcomes under Florida law.