Common School Injury Cases for South Florida Children

Children spend large portions of their day at school, and when something goes seriously wrong — a playground fall caused by missing safety surfacing, an unsupervised PE class injury, a concussion from a sports impact, a bus accident, or an assault by another student — parents are often unsure what their legal options are. Florida law allows civil claims against negligent schools and their employees, but the path is shaped by Florida's sovereign-immunity statute, the special procedural rules for minors, and the school's heightened duty to supervise.

Common Sources of School Injuries

• Playground equipment incidents. Falls from defective or improperly maintained equipment, missing or inadequate fall-zone surfacing, equipment with entrapment hazards.
• PE and sports injuries. Inadequate supervision, improperly fitted protective equipment, return-to-play decisions after head injury that violate Florida concussion-management protocols.
• Concussions and second-impact syndrome. Florida Statute § 1006.20 requires Florida high schools to follow concussion-management protocols for student athletes. Failure to follow them is a basis for liability when subsequent head injury occurs.
• School bus accidents. Injuries on the bus, getting on or off, and being struck by passing motorists. School bus drivers are typically school district employees, making the district directly responsible.
• Slip and falls in school cafeterias, hallways, gymnasiums, and parking lots.
• Burns from cafeteria, science lab, or vocational equipment.
• Inadequate supervision injuries. Falls, fights, and accidents that occur because no adult was present where one should have been.
• Bullying and assault. Schools have a duty to take reasonable measures to protect students from foreseeable assaults by other students. Persistent, reported bullying that the school fails to address is a recurring basis for civil claims.
• Sexual abuse by school employees or other students.
• Field trip and after-school program injuries.
• Chemistry and shop class injuries from inadequate safety procedures.

Florida Sovereign Immunity Applies

Public schools — including Miami-Dade County Public Schools (the fourth-largest district in the country) and Broward County Public Schools (the sixth-largest) — are government entities subject to Florida's sovereign-immunity statute, § 768.28. That means:

• Pre-suit notice required. Written notice must be served on the school district and the Florida Department of Financial Services, with a 180-day investigation period before suit may be filed.
• Damage caps. Total damages against the district are capped at $200,000 per person and $300,000 per incident. Damages above the cap can only be paid through a "claims bill" passed by the Florida Legislature — possible but uncertain and slow.
• Three-year statute of limitations rather than the two-year private-defendant deadline.
• No punitive damages against the district.

Private Schools — Different Rules

Private schools, including South Florida's many private and parochial schools, are not protected by sovereign immunity. They are sued under ordinary Florida personal injury rules — two-year statute of limitations, no damage caps, full damages including pain and suffering and (in extreme cases) punitive damages. Private schools often carry substantial liability insurance, making them more economically attractive defendants in serious cases.

Special Rules for Claims by Minors

Florida law treats claims by minor children differently in several respects:

• The statute of limitations is tolled in some circumstances and extended for medical-malpractice claims through the child's eighth birthday under § 95.11(4)(b)
• Settlements involving substantial recovery (typically over $15,000 in net) require court approval
• Funds from a minor's settlement are typically held in a guardianship, blocked account, or court-approved structured settlement until the minor reaches majority
• If the injured child has Medicaid, careful structuring is required to preserve eligibility

What to Do

• Make sure your child receives appropriate medical evaluation, including imaging and (for head injuries) neurological assessment
• Get a copy of any incident report the school created
• Photograph the location, equipment, or other relevant evidence
• Get statements from any witnesses (other students, parents, staff)
• Preserve any text messages, emails, or social media records relevant to bullying or other ongoing issues
• Comply with the school's injury-reporting procedures but do not give recorded statements to the district's risk management without legal advice
• Consult a personal injury lawyer promptly — sovereign-immunity notice deadlines apply

If your child has been seriously injured at a South Florida school, contact the Law Offices of Albert Goodwin. Call 786-522-1411 or email [email protected] for a free consultation.