My Child Was Hurt at School in Riverside. What Are My Legal Rights?
When the school calls to say your child got hurt, it is scary. Once your child is stable, new questions take over. Could this have been prevented? Did someone drop the ball? Can you make the school pay?
In some cases, yes. California schools, public and private, are required by law to keep students safe. When they fail, parents may be able to seek money for medical bills, pain and suffering, and lost wages. But the rules are strict, and the deadlines are shorter than most parents expect.
At Knez Law Group, LLP, our premises liability attorneys in Riverside help families across the Inland Empire whose children were hurt on school property. Call us at 951-742-7681 or fill out our confidential contact form to schedule a free consultation.
Schools Are Required by Law to Keep Your Child Safe
Under California Education Code Section 44807, school staff must watch over students and keep them out of harm’s way. That duty covers the building, the grounds, and all school equipment.
Think about a broken jungle gym. A loose stair railing. A wet floor with no warning sign. Damaged sports gear. If any of those led to your child’s injury, the school may be legally responsible.
The law that covers this is called premises liability. It holds property owners and those who run a property responsible when a dangerous condition hurts someone. At school, your child is what the law calls an invitee, someone who was invited onto the property for a set purpose. That status gives your child the strongest legal protection available.
Schools are supposed to inspect their property regularly and fix problems fast. If they cannot show they did that, it can be used as evidence in a personal injury case. The Centers for Disease Control and Prevention reports that about 4 million children are injured at school in the United States every year, and most of those injuries could have been prevented.
Public School or Private School? That Changes Everything
One of the biggest things Riverside parents do not know is that the type of school matters a great deal when it comes to filing a claim.
Private schools are not part of the government. If your child was hurt at a private school, you can usually file a personal injury lawsuit against the school directly, similar to suing any other private business. A premises liability lawyer can help you figure out what went wrong and fight for what your family is owed.
Public schools are different. The Riverside Unified School District, the Alvord Unified School District, and all other public school districts in the Inland Empire are government agencies. In California, suing a government agency means following a completely different set of rules. Most families do not learn that those rules exist until they have already missed the most important deadline.
The Six-Month Deadline Most Families Miss
If your child was hurt at a public school, California Government Code Section 911.2 requires you to file a government tort claim with the school district within six months of the injury.
This is not the lawsuit. It is a formal written notice that must be filed before a lawsuit is even possible. Miss this step, and your claim is almost certainly gone, no matter how clear the school’s fault may be.
Six months go by fast. The first weeks are taken up by doctor visits, recovery, and emotional stress. Many parents are not even sure they have a case until months have passed. Then it is too late.
There is one exception worth knowing. If your child was under 18 for the full six-month period, you may be able to apply for a late claim. But this is not automatic, and there is still a hard one-year cutoff. The smartest move is to contact a premises liability law firm right away, before any deadlines slip by.
Steps to Take After Your Child Is Hurt at School
If you think the school’s negligence played a role in your child’s injury, take these steps to protect your rights:
- Get medical care right away, and keep all records. Every bill, test result, and doctor’s note is potential evidence.
- Take photos of the scene, including the hazard that caused the injury and your child’s injuries, as soon as you can.
- Report the injury to the school in writing and ask for a copy of the incident report. Do not depend on verbal conversations.
- Save all messages. Keep emails, texts, voicemails, and any letters from school staff or the district.
- Call a premises liability law firm quickly. An attorney can file the tort claim, gather evidence, and deal with the school district’s legal team before deadlines pass.
If your child’s injuries were severe or led to death, the family may also have a wrongful death claim against the school or district. Those cases have their own deadlines and need to move fast.
Contact Our Riverside Premises Liability Attorneys
If your child was hurt on school property, Knez Law Group, LLP is ready to help. Our premises liability law firm serves families throughout Riverside County and the Inland Empire. Call us at 951-742-7681 or fill out our confidential contact form to schedule a free consultation.
Andrew J. Knez earned his Bachelor of Arts degrees in Political Science and Criminal Justice from California State University, Fullerton. During his college years, he was a member of the Pi Kappa Phi Fraternity and interned at the College Legal Clinic, where he assisted underprivileged communities in obtaining affordable legal services. Mr. Knez credits this experience with fostering his appreciation for the law and its positive impact on society. Additionally, during college, Mr. Knez worked as a paralegal, gaining hands-on experience in civil litigation. Learn more here.