When a student suffers harm at school—whether due to negligence, bullying, or unsafe premises—families may wonder whether legal action against the school is possible. Vermont law allows lawsuits under specific conditions, but the process is often more complex than suing a private individual or business. That’s because public schools, in particular, benefit from government immunity protections. Understanding when and how you can sue a school in Vermont is essential to protecting your rights and pursuing accountability.

This article breaks down the legal framework, limitations, and procedural requirements involved in suing a school in Vermont.

Understanding Sovereign Immunity and Its Limits

Public schools in Vermont are considered government entities, which means they’re generally protected by sovereign immunity. This legal doctrine shields government bodies from lawsuits unless they’ve explicitly waived that protection.

However, Vermont’s Tort Claims Act (VTCA) allows individuals to bring claims against the state and its political subdivisions—including school districts—for certain negligent acts. There are exceptions, though. Schools may still be immune from lawsuits related to:

• Discretionary functions (such as hiring decisions or curriculum choices)
• Intentional torts committed by third parties (like student-on-student violence)
• Acts where no duty of care was legally owed

The scope of immunity can significantly impact whether a case can proceed.

When You Can Sue a School in Vermont

Although protections exist, schools are not immune from all liability. Common scenarios that may give rise to a valid claim include:

• Negligent supervision: If a student is injured because staff failed to adequately monitor activities during recess, in the classroom, or on school trips.
• Unsafe premises: A school that allows hazardous conditions—like broken stairs, icy sidewalks, or faulty playground equipment—may be held responsible for resulting injuries.
• Bullying or harassment: If administrators are aware of ongoing harassment and fail to act, they could be liable under certain state and federal civil rights laws.
• Sexual abuse or assault: Schools have a legal obligation to protect students from foreseeable harm. If they ignore warning signs or fail to respond appropriately, they may be liable.
• Discrimination: Violations of state or federal anti-discrimination laws, including those related to disability (IDEA, Section 504) or Title IX, can result in legal claims.

Each case must demonstrate that the school owed a duty of care, breached that duty, and directly caused harm to the student.

Claims Against Public vs. Private Schools

The process differs depending on whether the school is public or private.

• Public schools fall under the VTCA, which includes strict notice and procedural requirements. You must generally file a notice of claim with the state or school district before filing a lawsuit.
• Private schools are treated like other private entities and do not benefit from sovereign immunity. Standard negligence and liability laws apply.

While suing a private school is procedurally more straightforward, public schools represent the vast majority of educational institutions in Vermont, making it critical to understand the additional steps required.

Time Limits: Vermont’s Statute of Limitations

In Vermont, the statute of limitations for personal injury claims is three years from the date the injury occurred. However, when suing a government entity, you must first file a notice of claim, typically within one year. Failing to meet this deadline can prevent your case from moving forward.

For minors, the clock for the statute of limitations may be “tolled” (paused) until they reach the age of 18. That said, it’s risky to wait—evidence can deteriorate, and early legal action can prompt internal reforms or settlements that reduce further harm.

What You Must Prove

To succeed in a lawsuit against a school in Vermont, your case must show:

1. Duty: The school had a legal obligation to provide a safe environment.
2. Breach: That obligation was not met, whether through action or inaction.
3. Causation: The breach directly caused the harm or injury.
4. Damages: You or your child suffered measurable losses—physical, emotional, or financial.

This may require witness statements, medical records, expert testimony, and school documentation, such as incident reports or policy manuals.

Special Considerations in Education-Based Lawsuits

Suing a school often involves more than just proving injury. Courts look closely at the context in which the harm occurred. For example:

• Was the act foreseeable? A one-time freak accident may not be enough to establish negligence unless it was predictable or preventable.
• Did the school follow its own policies? Deviations from internal safety procedures can strengthen a claim.
• Was there a pattern of negligence or misconduct? Repeated incidents may show systemic failure rather than isolated error.

In civil rights cases, such as those involving Title IX or the Americans with Disabilities Act, plaintiffs must often exhaust administrative remedies first—such as filing complaints with the Office for Civil Rights—before going to court.

How Settlements and Lawsuits Typically Play Out

Many school-related legal disputes are resolved through settlements rather than trial. This allows families to avoid lengthy litigation and schools to limit reputational damage.

However, settlements may require non-disclosure agreements or release of further claims. Families should always consult a qualified attorney before accepting any resolution.

If a case does proceed to trial, courts may award damages for:

• Medical expenses
• Pain and suffering
• Loss of educational opportunities
• Emotional distress

In rare cases, punitive damages may be awarded, particularly if gross negligence or intentional misconduct can be proven.

Protecting Your Child’s Rights

If your child has been harmed due to a school’s actions or failure to act, you don’t have to navigate the legal system alone. Consulting with an attorney experienced in Vermont school liability cases can help you:

• Understand if sovereign immunity applies
• Gather necessary evidence
• Navigate procedural hurdles
• Evaluate the strength of your claim

Early legal advice can mean the difference between a dismissed case and a successful outcome.

Conclusion

Suing a school in Vermont is possible, but it involves a mix of immunity law, education policy, and strict filing deadlines. Whether your child suffered a physical injury or endured emotional harm from neglect or misconduct, you may have legal options. By understanding the legal guidelines and acting within the proper timeframes, families can hold schools accountable and seek justice when systems fail to protect those most vulnerable.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Vermont personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.