To parents, their children are invaluable, priceless. There is no question that most parents feel worried and anxious when they send their children off to school everyday. Recent statistics show that most parents feel anxious due to shootings, stabbings, and other events associated with a failure to secure schools and/or negligent security.
A traditional school setting, however, is necessary for most families because both parents have to work. Therefore, homeschooling, internet based classrooms, and other alternatives to the traditional classroom environment are not an option. For the most part, parents believe that apart from random violence, their children are generally safe at school. Parents expect that the school will be vigilent of their children, will plan events that are organized and do not create any health or dangerous conditions for their child - and rightfully so. Unfortunately, students can also suffer injuries as a result of a school and/or school representative.
By negligently and carelessly supervising and/or watching children;
By negligently and carelessly failing to instruct and warn the students of the dangers;
By failing to properly instruct, educate and train the school’s agents, servants and/or employees concerning the importance of supervising the students and/or dangers;
By failing to adequately staff and provide sufficient number of supervisory personnel to supervise the students;
By negligently and carelessly failing to have policies and procedures for staffing and supervision of the students;
By failing to timely notify medical and/or emergency personnel; and
By failing to maintain the school property, its excercise equipment, playground etc.;
Bringing a lawsuit against a public school is different than bringing a negligence action against a private entity. Because public schools are a part of each County in Florida, any claims against the school and/or school board and the Florida Department of Finanical Services has to be presented in accordance with Florida Statutes §768.28(6)(a) to the school and/or school board and the Florida Department of Finanical Services. Therefore, there is a different notice and pre-suit procedure that must be followed by a claimant in order to preserve their rights.
In addition, for most personal injury cases involving negligence (other than wrongful death) the statuts of limitations is 4 years (Please note that this is not true for all cases). However, if the suit is against a city, state, or other government/political subdivision of Florida, the statute of limitations is three years.
Finally, Florida Statutes §768.28(5) limits the amount of monies available to individuals and their family members hurt by a school or other government agency. More specifically: "Neither the state nor its agencies or subdivisions shall be liable to pay a claim or a judgment by any one person which exceeds the sum of $200,000 or any claim or judgment, or portions thereof, which, when totaled with all other claims or judgments paid by the state or its agencies or subdivisions arising out of the same incident or occurrence, exceeds the sum of $300,000." What this means is that it doesn't matter whether the victim suffered a wrongful death, sustained a traumatic brain injury, or ended up being paralized, the most that the victim and their family could ever recover is $300,000. When someone is catastrophiclaly injured and in need of one on one care from medical professionals, $300,000 may only cover a few days or weeks of medical care.
In the case of Lissabet, mentioned above, she may have more monies available to her for her damages because Mater Acdemy is a charter school which is partly funded by private funds and Mega Party Events which is a private company. Any monies recovered will aid in the future medical treatment of Lissabet.
Olga Porven, P.A., a Miami Personal Injury law firm, specializes in personal injury cases such as school accident cases. We pride ourselves on our client centered representation and continous communication with our clients. Olga Porven, a former insurance defense attorney, has the insight into what the insurance companies strategies are in defending personal injury cases.
If your child or a loved one was injured or hurt at school or at a school sponsored event, call Olga Porven, P.A. T 305-901-1227 for a free consultation or simply send an email or case review via this website.