In the United States, personal injury lawsuits are on the rise, and public schools are not immune, despite what some people might think. Increasingly, districts are carrying public school insurance in Indiana as a means to offset the effects of damaging litigation.
Government Immunity Explained
Some argue that liability insurance is not necessary, since public schools are covered by something called governmental immunity, which essentially means that government entities, such as schools, cannot be sued. There have been many cases in recent years where lawsuits have been thrown out based on government immunity.
However, governmental immunity does not cover schools in every instance, and there are many possible exceptions for particular situations. In fact, negligence claims for injured children are not uncommon, and parents have often filed criminal charges against teachers and other employees for injuries and abuse, particularly if the plaintiff can show intentionality. And in many cases, the plaintiffs have won the case.
In addition, parents may sue schools based on whether an injury was foreseeable and preventable. For example, if a child is injured on playground equipment, the school may be liable. Even injuries caused by in-school bullying or negligence by other students can leave the school accountable.
The best defense for such litigation is a solid insurance policy with broad coverage, including general liability, property, accidental death and dismemberment, sexual abuse and molestation, and volunteer coverage. Considering the number of ways children could be harmed, public school insurance in Indiana is a prudent measure for heading off potential litigation.