SCHOOL LIABILITY LAWSUIT

A liability lawsuit against a school may fall under the category of Municipal Liability, which are cases are those against the state, county, city or town. These claims often have special laws and regulations that affect the rights of the plaintiff and even in what court a claim must be brought. Liability of a municipality can occur in many different situations.

File any claim quickly! One very important law affecting the responsibility of municipalities (like a public school) concerns the short time period for bringing a claim, much shorter than for claims involving other defendants. Generally, a municipality must be given written notice of a claim within 90 days of any incident. In addition, a lawsuit against a municipality must be commenced within one year and ninety days of the occurrence.

Perhaps the most frequent type of claim against a public school involves a sidewalk defect such as a crack, hole, broken and uneven concrete or missing concrete in the sidewalk or building siding. Generally, the municipality must have prior notice of the defect before it can be held liable.

Municipal liability also involves other areas in which the municipality is providing services such as transportation, for example, bus and subway accidents.

Premises liability cases don’t only involve shopping malls. Premises liability cases can be brought where the municipality, such as a housing authority, owns or manages the property. When the municipality operates a school it may be responsible for accidents and incidents involving school children, teachers or other people
at the school.

Cases against the police department for police brutality, excessive force or civil rights violations are also municipal liability cases. These cases may involve the mistreatment of suspects under police custody and the unjustified use of deadly force. The shorter time periods for bringing a claim also apply in these cases.