## School injury claims in Delaware Children injured at school can have legitimate negligence claims — but Delaware school-injury cases face unique obstacles: sovereign immunity for public schools, strict notice deadlines, governmental tort caps, and procedural hurdles. ## Common school injuries - **Playground falls** — equipment defects, supervision - **Sports injuries** — coaching, equipment, conditions - **Bullying / fighting** — supervision, prevention - **Bus accidents** — driver negligence, equipment - **Field-trip injuries** — supervision, planning - **Slip-and-falls** — wet floors, ice, debris - **Sexual assault** — supervision, prior knowledge - **Allergic reactions** — food, EpiPen access - **Lab / shop accidents** — chemicals, equipment - **Mental health** — bullying-related, suicide - **Special-education injuries** — restraint, neglect - **Vehicle injuries** — pickup / dropoff zones ## Public vs private schools **Public schools = government entities:** - Sovereign immunity applies - ${s.name} Tort Claims Act / similar - Notice requirements (often 6 months or less) - Damage caps - Specific procedures - Limited theories of liability **Private schools = private entities:** - Standard tort law applies - Standard statute of limitations - Standard discovery + procedure - Insurance typically pays - Easier cases generally ## Sovereign immunity (public schools) **${s.name} Tort Claims Act:** - Limited waiver of immunity - Specific exceptions enumerated - Specific procedures required - Notice requirements - Damage caps (typically $100K-$1M) **Common immunity exceptions (vary by state):** - Negligent operation of vehicle - Defective premises - Negligent supervision (sometimes) - Specifically listed activities - Federal civil rights violations **Discretionary function immunity:** - Policy decisions immune - Operational decisions actionable - Distinction often disputed ## Notice requirements **Public school cases require:** - Written notice to school district - Within tight deadline (often 6 months) - Specific contents (date, location, injury, claim) - Specific delivery method - Failure = case dismissed **${s.name} specific:** - Specific notice statute - Specific deadline - Specific contents required - Specific recipients **MISS DEADLINE = LOSE CASE.** ## Theories of liability **1. Negligent supervision:** - School failed to supervise students - Foreseeable injury - Standard of reasonably prudent supervision - Higher duty for younger students - Higher duty for known risks **2. Premises liability:** - Defective conditions - Inadequate maintenance - Slip / fall hazards - Equipment failures - Inadequate inspection **3. Negligent hiring / retention:** - Hiring known abusers - Failing to act on complaints - Inadequate background checks - Especially in sex-abuse cases **4. Educational malpractice:** - Generally NOT recognized - Limited claim viability - Specific exceptions for IDEA / 504 violations **5. Civil rights violations:** - Title IX (sex discrimination) - IDEA (special education) - 504 (disability) - 1983 (constitutional violations) - Federal court usually **6. Bullying / harassment:** - Failure to address known bullying - ${s.name} anti-bullying statutes - Tinker constitutional protections - Title IX for sex-based harassment ## Title IX — sexual misconduct **Federal law:** - All federally-funded schools - Sex-based discrimination + harassment - Sexual assault by students / staff - Required investigation procedures - Damages + attorney's fees - Davis v. Monroe — "deliberate indifference" standard ## Special education — IDEA **For students with disabilities:** - IEP / 504 plan violations - Restraint / seclusion injuries - Failure to provide accommodations - Specific procedural protections - Due process hearings - IDEA-specific remedies ## Bus accidents **Often easier cases:** - Negligent operation generally not immune - Auto liability insurance applies - Standard PI principles - Less procedural complexity ## Sports injuries **Higher bar for coach / school liability:** - "Inherent risks" of sports assumed - Liability waivers often signed - Concussion protocols - Equipment defects (manufacturer liability) - Coaching negligence - Improper conditioning - Failure to address injuries - Heat illness ## Damages available **Compensatory:** - Medical expenses (past + future) - Future lost earning capacity - Pain & suffering - Disfigurement / scarring - Loss of enjoyment of life - Mental health treatment - Loss of educational opportunity **For minor plaintiffs:** - Future earnings particularly important - Long-term medical care - Special education costs - Trust requirements for settlements **Public school caps:** - ${s.name} damage caps apply - Often $100K-$1M per claim - Per incident or aggregate - Sometimes inadequate for catastrophic injuries ## Critical evidence **Preserve immediately:** - Photos of scene + equipment - Witness contact info (other students, teachers) - Medical records - School incident reports - Surveillance video preservation request - Communications with school - Prior complaints + incidents - Maintenance + inspection records - Staff training records - Daily logs / sign-in sheets ## Strategy considerations **Public school cases:** - Notice must be sent quickly - Damage caps make economics difficult - Consider federal civil rights claims - Title IX often important - Often settle for limited amounts **Private school cases:** - Standard PI process - Insurance typically pays - Often better recoveries - More flexible procedures ## Statute of limitations **Generally extended for minors:** - ${s.name} usually tolls until majority - Plus standard SOL period after - BUT public school notice requirements DON'T toll - Critical to act on notice quickly ## What you should do If your child was injured at a Delaware school: document everything immediately, send notice to school district within 30 days (don't wait), and consult a personal-injury attorney with school-injury experience. Public school deadlines are unforgiving. Many Delaware attorneys offer free consultations and contingency fees. --- *This guide is general information about Delaware law as of mid-2026 and is not legal advice. School-injury cases involve unique procedures + deadlines. Talk to a licensed Delaware personal-injury attorney about your specific situation.*