Skip to content
Call or Text Now (618) 641-9189


99% Success Rate Millions Recovered Contact Us

If Your Child Is Injured At School: Can You Sue?

Generally, suing a school district is an uphill battle for plaintiffs and involves a complex legal process.  Illinois school districts generally find protection against most claims under the Illinois Tort Immunity Act.  Under the Tort Immunity Act, a school district can be immune under a number of distinct provisions.

A school district in Illinois is immune for discretionary acts, many issues regarding supervision, recreational activities, hazardous recreational activities, and maintenance issues.

Illinois law gives school districts greater protections than in other states.  Unlike most states, Illinois requires plaintiffs to show proof of willful and wanton negligence negligence or conduct.

“Willful and wanton” means any action that is intended to cause harm, or, if not intentional, shows an utter indifference or conscious disregard for the safety of others or their property.”

The Tort Immunity Act also provides a strict statute of limitations on when a legal claim can be brought against a school district for injury-inducing accidents.  In Illinois, the statute of limitations is one year, whereas the statute of limitations for personal injury lawsuits is typically two years from the date of the accident.

Although assessing liability against a school district for accidents and injuries can be more difficult, it is not impossible.  For instance, recently an Illinois Appellate Court rules that a school district was liable for injuries sustained after a student fell in the school’s “Cafetorium,” a combined cafeteria and auditorium, since it was not “public property intended to be used for recreational purposes” under the Tort Immunity Act.

Depending on how your child was injured, you may be able to show that an exception applies to your situation.  If you fit an exception, then you will be able to proceed with a negligence claim against the school district for the injuries to your child.

If your child was injured on school property, contact an experienced personal injury lawyer who understands Illinois tort law at Hipskind & McAninch, LLC for a FREE CONSULTATION: 618.641.9189| 314.912.2930 or at

Request a free case review
Award Icon

Avvo-Rated Excellent

Award Icon

The Bar Association of Metropolitan St. Louis

Award Icon

Super Lawyers® Rising Stars

Award Icon

The St. Clair County Bar Association

Award Icon

NTA Top 40 Under 40

Award Icon

Nation's Premier Top Ten Attorney

Award Icon

Illinois State Bar Association

Award Icon

AIOFLA 2015 10 Best Client Satisfaction

Award Icon

Proud Member of Belleville Chamber of Commerce

Quote Icon

John Hipskind was amazing! He was reliable, honest, and made me feel confident. John was always there when I had questions and very responsive…

Cori H.
Quote Icon

I can’t say enough good things about John. He truly cares about providing the best possible representation for his clients. I would highly recommend him!

John F.
Quote Icon

Brady did an outstanding job. I didn’t have to do anything or miss any work due to his exceptional service!! I would recommend him to anyone!

Erin H.
Quote Icon

I had a wonderful experience with my attorney Brady. He showed compassion and was always there to answer any of my questions.

Charlotte D.
Quote Icon

Brady helped facilitate my medical appointments, and made sure everything went smoothly. He settled my claim in a relatively short time.

Jeffrey M.
Quote Icon

John Hipskind was always a phone call or text away (we heard back from him within minutes). We are so pleased! You will be happy to have chosen him!

Jess M.