Suing a School in Florida: Legal Guidelines

Schools are meant to provide a safe and supportive environment for students, faculty, and staff. However, accidents, misconduct, and negligence can still occur, sometimes leading to serious injuries or violations of rights. When this happens, parents and victims may wonder if they can take legal action against the school.

Filing a lawsuit against a school in Florida is a complex process, especially when the defendant is a public institution. Public schools, which are government entities, are protected by sovereign immunity, a legal principle that limits the ability to sue government institutions. However, Florida law provides exceptions that allow lawsuits under specific circumstances. Private schools, on the other hand, do not have the same immunity protections and can be sued similarly to other private entities.

This article outlines the legal guidelines for suing a school in Florida, including relevant laws, limitations, and steps to take if you are considering legal action against a school in the state.

As always, it is within your own benefit to consult an experienced attorney before moving forward with any legal action. Contact Brandon J. Broderick today to discuss your case with our experienced team of legal professionals.

Understanding Sovereign Immunity in Florida

What Is Sovereign Immunity?

Sovereign immunity is a legal doctrine that protects government entities, including public schools, from certain lawsuits. However, Florida has waived sovereign immunity in certain cases through Florida Statute §768.28, allowing individuals to sue public schools under specific conditions.

Exceptions to Sovereign Immunity

Under Florida law, a school can be sued for negligence if:

The injury resulted from the school’s negligence in maintaining a safe environment.
A school employee acted negligently within the scope of their employment.
The negligence was not an intentional wrongful act.

However, punitive damages and claims involving discretionary government functions are typically barred under sovereign immunity.

Common Reasons for Suing a School in Florida

Personal Injury Cases

Schools have a legal duty to provide a safe environment for all students and staff. If a student, teacher, or visitor suffers an injury due to negligence, the school may be held liable. Common personal injury claims against schools include:

Slip and fall accidents due to hazardous conditions.
Inadequate supervision leading to playground or sports injuries.
Negligent security resulting in assaults or attacks on school grounds.
School bus accidents caused by driver negligence or mechanical failures.

Bullying and Harassment

If a school fails to take appropriate action to prevent or stop bullying, harassment, or discrimination, legal action may be possible. Florida law requires schools to have anti-bullying policies under the Jeffrey Johnston Stand Up for All Students Act (Fla. Stat. § 1006.147).

Sexual Misconduct and Abuse

Schools can be held liable for sexual abuse or misconduct involving teachers, staff, or other students. Victims may have grounds for legal action if the school failed to conduct background checks, ignored complaints, or failed to take proper preventive measures.

Violation of Special Education Rights (IDEA Claims)

Under the Individuals with Disabilities Education Act (IDEA), schools must provide appropriate accommodations for students with disabilities. If a school fails to meet its legal obligations, parents may file a lawsuit under federal law.

Wrongful Expulsion or Violation of Student Rights

Students have constitutional rights, and schools cannot unfairly suspend or expel students without due process. If a school violates Florida’s due process laws or acts outside its legal authority, families may have grounds for legal action.

Steps to Take Before Suing a School

1. File an Administrative Complaint

Before suing a public school, Florida law requires claimants to file a formal notice of claim with the school district. This allows the district an opportunity to respond and resolve the matter outside of court. The school typically has six months to respond before legal action can proceed.

2. Gather Evidence

To build a strong case, gather:

Incident reports.
Medical records (if applicable).
Witness statements.
School policies related to the incident.
Any correspondence with school officials.

3. Consult an Attorney

Due to the complexity of sovereign immunity and Florida’s legal requirements, consulting an attorney is essential. A lawyer can help determine whether your case meets the exceptions to sovereign immunity and guide you through the claims process.

Statute of Limitations for Suing a School in Florida

Time Limits for Filing a Claim

Under Florida Statute § 768.28, claims against public schools must be filed within three years of the incident, except in cases involving wrongful death, which have a two-year statute of limitations. Missing this deadline may result in losing the right to sue.

Suing a Private School vs. a Public School

Key Differences

Private schools do not have sovereign immunity protections, making lawsuits more straightforward. However, liability still depends on proving negligence or wrongdoing. Private schools can be sued for:

Personal injuries.
Breach of contract (for failing to provide promised educational services).
Discrimination or harassment claims under federal and state laws.

Call Brandon J. Broderick For Legal Help

If you or your child has been harmed due to a school’s negligence, you may have legal options. Whether you are dealing with a personal injury, bullying, or wrongful discipline, navigating the legal process can be challenging—especially when dealing with sovereign immunity laws.

At Brandon J. Broderick, Attorney at Law, we have the experience and dedication to help you understand your rights and take the necessary steps toward justice. Our team is committed to providing compassionate legal representation to protect your interests.

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