Student Injured in Public School Fights Back with Lawsuit

Our Florida lawyers sue public schools on behalf of injured students; like the Omaha sophomore that suffered a broken jaw and other injuries when another student punched him.

Florida seems to be at the epicenter of student violence with several tragic cases having recently occurred. What can Florida’s schools and students do to protect themselves? As a Miami children’s injury lawyer and parent of two, I suggest that a first step would be the elimination of Sovereign Immunity.

Florida Statutes §768.28 is Florida’s sovereign immunity statute. The statute insulates public schools from liability by placing a damage cap of $100,000.00 per person/$200,000.00 per incident. That means the most the school or school board would be liable or responsible to pay an injured student; is limited regardless of the damage. Moreover, §768.28(6) requires that before any lawsuit can be filed all claims have to be presented within three years after the date of incident.

Florida’s schools should not be permitted to hide behind sovereign immunity, damage caps and a shortened statute of limitations. They should be required to be fully responsible for their conduct in light of their duty to not just educated our children but to protect them.