You generally begin by gathering information about what happened and, for public schools, filing a written notice of claim within the deadline. After that, a claim may be negotiated or a lawsuit filed, depending on the response.
Your child leaves for school healthy and comes home hurt, or you get a call from the nurse’s office about a fall on the playground. You may be asking what the school is responsible for, whether you can hold a district accountable, and how long you have to act. Parents trust schools with their children every day, and when an injury could have been prevented, it is reasonable to look for answers.
School accidents can happen in many ways. A student slips on spilled liquid that maintenance did not clean. Playground equipment is defective or poorly maintained. A schoolyard surface is uneven. A school bus crashes on the way home. At Saavedra Law Firm, PLC, our Phoenix school accident attorneys help families across Maricopa County understand their options and pursue compensation when a child is hurt.
Saavedra Law Firm is a veteran-owned Phoenix personal injury practice led by Attorney Freddy Saavedra. We offer bilingual service in English and Spanish, have helped clients recover more than $100 million, and work on a contingency basis, so you owe no attorney fee unless we win. We will meet you at the hospital, at home, or wherever you are comfortable, and we make a point of listening to your family’s story before recommending next steps.
Families reach out to us in situations such as:
You can learn more about child injuries and school grounds traumatic brain injuries on our related pages.
Dangerous conditions that can lead to injuries at school include broken playground equipment, defective school equipment, spills, uneven surfaces, poorly maintained flooring, ceiling leaks, broken tiles, missing handrails, cracked cement, and torn carpets. The U.S. Consumer Product Safety Commission publishes guidance on playground safety that schools and equipment owners can consult. Injuries can occur before school, during the day, or after hours at school events.
Children may suffer whiplash, eye injuries, cuts and lacerations, concussions, back injuries, drowning injuries, sprains, and broken bones. Parents may face costly medical bills and time away from work. In tragic cases, a child may die because of a school-related accident, including those arising out of sports, choking, air quality, or structural defects.
Some accidents are preventable. Even when they are not, teachers and administrators should be trained to respond to accidents and emergencies and to follow procedures for medical attention after an on-campus injury.
If your child attends a public school, the potential defendant is generally a government entity, which means a narrower timeline and special procedures. Arizona law provides certain immunities for public entities, with exceptions. Under the Arizona Tort Claims Act, A.R.S. § 12-821.01, claims against public schools, public entities, and public employees are authorized, but a notice of claim generally must be filed in writing within 180 days after the claim accrues. The notice should describe what happened, how the injuries occurred, the facts supporting the claim, and a specific amount for which the claim can be settled. Special rules for minors can affect how deadlines work, so families should not assume they have extra time.
After the notice is filed, a family generally must wait for the school district to deny the claim, or for a set period to pass, before filing a lawsuit. A school accident attorney can help you meet these requirements.
If your child attends a private school, you should still act promptly, although the procedures differ because a private school is not a government entity. Depending on the facts, a claim may be pursued under negligence, premises liability, or product liability. A negligence claim requires showing that the school or its employees failed to use reasonable care under the circumstances. Arizona’s pure comparative fault rule, A.R.S. § 12-2505, means that if a child shares some responsibility, the claim can still go forward with damages reduced by that share.
If liability is established, a family may recover compensatory damages meant to put the child and family back where they would have been without the accident. Economic losses include medical bills, future treatment, lost wages for a parent who must miss work, and out-of-pocket costs. Non-economic losses include pain and suffering, mental anguish, and loss of enjoyment of life. The general deadline to file an injury lawsuit is two years under A.R.S. § 12-542, while claims against public entities have shorter notice requirements.
Public school claims run on short notice deadlines, and evidence such as incident reports and video can be lost quickly. Before you sign anything from the school or its insurer, schedule a free consultation with our Phoenix school injury team and let us go through what happened and what your family’s options may be.
You generally begin by gathering information about what happened and, for public schools, filing a written notice of claim within the deadline. After that, a claim may be negotiated or a lawsuit filed, depending on the response.
Schools are responsible for taking reasonable steps to keep students safe, including maintaining buildings, grounds, and equipment, supervising students, and responding properly to emergencies. This can include school buses, playgrounds, gyms, and outdoor spaces.
Usually a parent, legal guardian, or the person who claims the child as a dependent pursues the claim for a minor child. Others affected by the injury may have claims in some situations.
It is wise to understand your options early, especially because claims against public schools have short notice deadlines and detailed requirements.
In most cases, you may still pursue a claim. Arizona reduces damages by the child’s share of fault, but does not automatically bar recovery.
We offer a free consultation and work on a contingency basis, so you pay no attorney fee unless we recover compensation.