As a parent, you run the risk that your child might come home from school with a bump or bruise from something minor that happened at recess or in gym class. But there are unfortunate situations where students suffer more serious injuries at school, like concussions, broken bones and other traumas. That raises questions about whether you can bring a claim against the school’s insurance to pay for medical bills and other damages related to the injury.

Schools have a duty to provide a safe environment for students. They are said to stand in loco parentis, which means “in place of the parent” during the school day. As a result, schools are tasked with many of the same responsibilities as parents, such as providing food, transportation, medication and general safety. When a school fails to carry out its duties and a student gets hurt because of the failure, the school may be liable for negligence, which is the basis for most personal injury suits.

Injuries at school can result from any of these scenarios:

• Bullying/assault by another student
• Assault by an adult
• Failure to supervise students adequately
• Injuries suffered on school buses
• Failure to provide medication such as insulin
• Defective or malfunctioning gym or playground equipment
• Injuries suffered in sports activities
• Slips and falls due to snow or ice, wet floors or stairs and poorly maintained surfaces
• Lead paint or asbestos exposure in older school buildings

If your child attends a private school, then you can usually bring a claim against the school for negligence, just as you could if the accident occurred at any other business. But if your child attends Connecticut Public Schools, things get more complicated. Public schools and school districts are considered part of the state itself, which means they can assert the defense of governmental immunity.

Connecticut law creates an exception to governmental immunity, allowing public schools to be sued when an “identifiable person” (such as a student) suffers “imminent harm.” Connecticut courts have allowed lawsuits against public schools, districts and boards to proceed when the student qualified for this exception. However, there are many nuances involved in suing a public entity and you will need a skilled lawyer to pursue your claim effectively.

At Gesmonde, Pietrosimone & Sgrignari, L.L.C., our personal injury attorneys have successfully represented clients against both private and public schools in Connecticut. If your child suffered a serious injury due to negligent or intentional acts of someone at their school, our lawyers can provide an initial assessment and explain your legal options. Call 203-745-0942 or contact us online for a free consultation with our Hamden or East Haven team.