If you or your child has been hurt at school or you believe a school district acted unfairly, you may be wondering what your legal options are. In Ohio, holding a school legally accountable can be complicated. Public schools have protections under the law that often make lawsuits more challenging. But there are times when legal action is possible—and even necessary.
This article offers a clear, plain-English breakdown of what it takes to file a lawsuit against a school in Ohio. We’ll walk through the legal protections schools have under state or federal law, when those protections don’t apply, and what steps to take if you decide to move forward.
Always consult with a qualified personal injury attorney first, as each can may be unique and laws may or may not apply.
Ohio Law and Sovereign Immunity
Schools in Ohio are part of the state’s public system, which means they’re protected by a legal concept called “sovereign immunity.” In simple terms, this rule (via Ohio Revised Code Chapter 2744) shields public entities—like school districts—from being sued for doing their job.
But immunity isn’t always absolute. The law lists exceptions—specific situations where a school can be held legally responsible. If your case falls into one of these categories, you may be able to file a claim.
When Can You Sue a School in Ohio?
School Bus or Vehicle Accidents
If a school employee is driving a district-owned vehicle—like a bus—and causes an accident, the school can be held responsible. This is one of the clearest exceptions to the rule.
Events Outside Regular School Functions
Sometimes, schools rent out their facilities or host activities not tied directly to education. If someone is injured during one of these events and negligence was involved, the school might not be protected by immunity.
Unsafe Conditions on School Property
Slip and fall accidents, broken handrails, icy sidewalks—if poor maintenance leads to someone getting hurt, the school could be liable. These are known as “physical defect” claims.
Discrimination or Civil Rights Issues
If a student or staff member is treated unfairly because of their race, gender, disability, or another protected category, the school can be sued under federal laws like Title IX or the Americans with Disabilities Act (ADA).
Steps to Take if You Want to Sue a School
1. Know What Your Claim Is About
Your case might involve injury, emotional harm, discrimination, or failure to act. Understanding what happened and why it’s wrong under the law is the first step.
2. Provide Advance Notice
In Ohio, many types of claims require you to notify the school district before filing a lawsuit. This notice usually has to be submitted within 60 to 90 days of the incident. Missing this deadline can hurt your chances.
3. File a Legal Complaint
If your claim is valid and you've followed the notice rules, your next step is to file a complaint in court. This document explains your side of the story and what you’re asking the court to do—usually compensation for damages.
4. Gather Evidence and Build the Case
Once the complaint is filed, both sides start collecting evidence. This includes records, emails, photos, and witness statements. Lawyers may also take depositions to ask questions under oath.
5. Trial or Settlement
Most school-related lawsuits settle before reaching trial. But if both sides can’t agree, your case could go before a judge or jury, who will decide the outcome based on the evidence.
Examples from Ohio Cases
- Greenville City Schools Case: The Ohio Supreme Court allowed a lawsuit to continue after students were injured in a classroom incident, showing how exceptions to immunity can apply.
- Alianna DeFreeze Tragedy: A school district settled a lawsuit for $1 million after a student went missing and was later found murdered. The case alleged school staff failed to notify her parents when she didn’t show up to class.
These cases highlight how schools can be held accountable when safety or legal responsibilities are ignored.
Call Brandon J. Broderick for Legal Help
Taking legal action against a school is not something most people plan for, and the process can feel overwhelming. That’s why having an experienced attorney by your side makes a real difference.
At Brandon J. Broderick, Attorney at Law, we understand the legal challenges involved in cases against public schools. Whether your case involves an injury, negligence, or a violation of rights, we’re here to help you understand your options and take meaningful steps toward justice.
Reach out today for a free consultation.