Government Immunity for Schools
Understanding sovereign immunity in school lawsuits.
What is Sovereign Immunity?
Public schools are government entities protected by sovereign immunity. However, most states have waived immunity to some extent through Tort Claims Acts.
These acts allow lawsuits but impose strict procedural requirements and damage caps that significantly affect your claim.
Immunity Limitations:
Damage Caps
HighMost states cap damages against public schools (e.g., $100K-$500K per incident). This limits total recovery regardless of injury severity.
Notice Requirements
CriticalYou must file a formal tort claims notice within 60-180 days. Missing this deadline completely bars your lawsuit.
Discretionary Function
MediumSchools may be immune for decisions involving judgment (curriculum, discipline). But not immune for negligent implementation.
Proprietary Activities
LowActivities for profit (renting facilities) may not be protected by immunity. These claims face fewer restrictions.