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Legal Steps to Take After a Fall on School Property in California

Slips, trips, and falls aren’t just minor mishaps — especially when they happen on school property. Whether you're a student walking to class, a parent attending a school event, a teacher on duty, or a visitor on campus, a fall can lead to serious, even life-changing injuries. From broken bones and spinal injuries to concussions and long-term mobility issues, these incidents often require extensive medical care and time away from work or school.

Unfortunately, many people don’t know what to do after a fall on school grounds. Can you file a lawsuit? Who is responsible? Does it matter if the school is public or private? These are the kinds of questions we hear from clients every day — and the answers often depend on how quickly you take legal action and whether you follow the correct procedures.

That’s why it’s important to understand your rights and the specific legal steps required after an injury on school property in California.

At Tim Wright Law, we help injured individuals and families throughout Van Nuys, Burbank, and Southern California hold schools and other responsible parties accountable for unsafe conditions. Attorney Tim D. Wright has extensive experience with premises liability claims, including complex cases involving public school districts and government entities. Whether your case involves a cracked sidewalk, unsafe stairwell, slippery hallway, or playground hazard, our firm is here to help you take action — and get results.

Understanding Government Claims: Suing a Public School

You Must File a Government Claim Within 6 Months

If your fall occurred at a public school in California — whether you’re a student, parent, staff member, or visitor — you are not dealing with a private entity. Public schools are considered government entities, and any injury claim against them must follow a unique set of legal procedures outlined in the California Government Claims Act (Gov. Code §§ 810–996.6).

Filing a lawsuit against a public school is not the same as filing a typical personal injury claim. If you miss the strict deadlines or fail to follow the process correctly, you may lose your right to compensation entirely.

Before you can file a lawsuit against a public school district in California, you must first submit an official government claim within six months of the date of your injury.

This is a mandatory step, and courts are not forgiving if the deadline is missed — even by a day.

What Your Government Claim Must Include

Your written claim must be clear, detailed, and complete. According to California law, it must include:

  • A description of the incident — how the fall occurred and what caused it
  • The date, time, and location of the injury
  • The nature and extent of your injuries — including any ongoing medical issues
  • The amount of damages you are seeking — including medical bills, lost wages, and pain and suffering

What Happens After You File

Once your claim is submitted, the school district or government entity has 45 days to respond. They may:

  • Accept the claim and offer a settlement
  • Reject the claim outright
  • Do nothing (which is treated as a rejection after 45 days)

If your claim is rejected or denied, you then have six months from the date of denial to file a personal injury lawsuit in civil court.

Filing a Claim Against a Private School

How Premises Liability Works

If your fall occurred at a private school—such as a charter school, religious institution, or independent academy—you won’t need to go through the government claims process. Instead, your case will be handled like a typical personal injury claim under California’s premises liability laws.

Premises liability is a legal theory that holds property owners (including private schools) responsible for maintaining reasonably safe conditions. If a school fails to do so, and someone is injured as a result, the school may be legally liable for the harm caused.

To win a premises liability case against a private school, you must prove three key elements:

1. The School Owed You a Duty of Care

Schools have a legal obligation to keep their property reasonably safe for students, parents, staff, and visitors. This includes inspecting the premises, addressing known hazards, and warning about any dangers that may not be obvious.

2. The School Was Negligent in Maintaining the Property

You must show that the school failed to act reasonably. This could involve ignoring a slippery hallway, failing to fix a broken stairwell, or neglecting to mark off a hazardous area.

Evidence of negligence might include:

  • Lack of warning signs
  • Reports of prior accidents in the same area
  • Broken or outdated safety equipment
  • Witness accounts or video footage

3. You Were Injured as a Result

Finally, you’ll need to connect the school’s negligence to your injury. That means proving:

  • You actually suffered harm (medical records, lost wages, etc.)
  • The injury wouldn’t have happened but for the school’s unsafe conditions

California Statute of Limitations

For injuries that happen on private school property, California law gives you two years from the date of the injury to file a personal injury lawsuit.

While that might sound like a long time, it’s best to act quickly. Evidence can disappear, witnesses may forget key details, and delays can weaken your case. 

Legal Steps to Take After a Fall on School Property

Seek Medical Treatment Immediately

Your health comes first. Even if your injuries seem minor, it’s critical to get checked by a doctor as soon as possible. Some injuries—like head trauma, internal injuries, or soft tissue damage—may not be immediately apparent.

Medical records will also serve as key evidence connecting your injury to the fall. Delaying treatment could give insurance companies or school officials a reason to downplay the seriousness of your condition.

Report the Incident to School Staff or Administration

Notify a teacher, administrator, nurse, or other school official right away. Ask them to document the incident in writing and request a copy of the incident report, if one is created.

Reporting the fall creates an official record that the injury happened on school grounds — a crucial step, particularly if you're filing a government claim against a public school district.

Document the Scene

If you're able to do so safely, take photos or video of the area where the fall occurred. Be sure to capture:

  • Hazards like wet floors, broken tiles, or debris
  • Lack of warning signs or safety barriers
  • Lighting conditions
  • Footwear or school-issued equipment involved (if relevant)

Get Copies of Incident Reports and School Communications

Request copies of any written reports or follow-up emails regarding the incident. This includes:

  • School nurse notes
  • Security reports
  • Maintenance records (if available)
  • Emails from the school following the injury

Preserve All Evidence

Hold onto everything related to the incident, including:

  • The clothing and shoes you were wearing when you fell
  • Medical bills and treatment records
  • Photos of visible injuries (taken immediately and during recovery)
  • Any damaged personal items (like phones, glasses, or backpacks)

Contact an Experienced Attorney

If your fall occurred on public school property, the legal process involves strict deadlines and government claim procedures. Even private school claims can become complex if liability is disputed or serious injuries are involved.

An experienced personal injury attorney — especially one familiar with government tort claims and premises liability law — can help you:

  • Determine who is legally responsible
  • Ensure your claim is filed correctly and on time
  • Gather and preserve key evidence
  • Negotiate with school districts or insurance carriers
  • Maximize your compensation for medical bills, lost income, and pain and suffering

Take Action After a Fall — Protect Your Health and Your Rights

If you or a loved one has been injured in a fall on school property in California, you may be entitled to compensation — but acting quickly is critical. Whether the injury occurred at a public school (which involves strict claim deadlines) or a private school, the legal process can be complex and time-sensitive.

At Tim Wright Law, we’ve helped countless individuals across Van Nuys, Burbank, and surrounding communities hold negligent schools and third parties accountable. We understand how to navigate both government tort claims and private injury lawsuits, and we’re committed to securing the compensation you need for medical expenses, lost income, and pain and suffering.

Call us today for a FREE consultation:

Van Nuys Office (Workers’ Comp & Injury)
📍 16555 Sherman Way, Suite B2, Van Nuys, CA 91406
☎️ (818) 428-1080

Burbank Office (Personal Injury)
📍 1112 W. Burbank Blvd., Suite 302, Burbank, CA 91506
☎️ (323) 379-9995

📧 Email: firm@timwrightlaw.com
🌐 Website: www.timwrightlaw.com

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I am very satisfied and thankful with Attorney Tim Wright and his whole team for taking care and handling my fathers personal injuries case. Thank you all very much your staff is amazing, very helpful.
Abraham Ortega
The Law Offices of Tim D. Wright were awesome. They were professional, they kept an open communication with me through out the process.  Big shout out to Sergio and Mercedes for being very helpful with my settlement.
Frank Medina

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