Legal Question in Personal Injury in Pennsylvania

School District

Is it true that School Districts, like many government agencies are immune to lawsuits? The question is in regard to a student assault while in the classroom.


Asked on 12/17/08, 8:49 pm

1 Answer from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

Re: School District

Unfortunately, that is partly true. Under Pennsylvania state law, local govt agencies are immune from liability for injuries unless a specific exception in the statute applies. For a school district, there is an exception for a dangerous condition of the real estate. So if, say, a light fixture fell down because the maintenance department didn't mount it properly, the school district could be sued (but even then, there are caps and other restrictions). But generally, the school is not liable for supervision of other students.

Lawyers have tried to use federal civil rights laws, which aren't affected by the state law, but have not had much success.

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Answered on 12/18/08, 9:43 am


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