In Florida, millions of children attend public school. On most days, the worst thing that happens to a student is in the form of test or homework. School is school. However, when a child suffers an injury at school, there are many challenges in dealing with the aftermath of the injuries in the form of medical care, medical bills, pain, suffering, and the stress that is otherwise associated with the personal injuries. There is a concept in Florida and other states called Sovereign Immunity. From the literal reading of this term, one may assume that a government entity is immune from being sued or held responsible for the negligent acts of school employees. The truth is that public schools can and do get sued for negligence when a child suffers personal injuries while under the care and supposed supervision of the school. While Florida Sovereign Immunity laws limit the amount of financial recovery and proscribe the manner, notice, and method for a government entity being sued, there is no immunity per se for negligent acts of school employees in the State of Florida.
The Supreme Court of Florida summarized the general law on point for school negligence cases and claims as follows:
A public school, at least through the high school level, undoubtedly owes a general duty of supervision to the students within its care. Case law is replete with instances of schools, principals and teachers being required to reasonably fulfill their duty to supervise students.