South Carolina School Injury Attorney

If your child has been injured at school, you can talk to an experienced child injury attorney in South Carolina at Hite Law Firm Trial Lawyers. We are advocates for the injured and afflicted, and we specialize in representing children. With a focus on serving schoolchildren who are hurt and harmed, we understand the unique needs of minors when they are injured at school.

See how we can help your child seek justice, healing, and financial compensation. Contact our school injury attorneys to talk about your case.

Questions About Your Child’s School Injury?

Talk with a legal team that can help you understand whether someone may be responsible.

Discuss Your Child's Injury

Examples of School Injuries and Accidents

• School bus accidents, other motor vehicle accidents
• Slip and fall, falling objects
• Fires and electrical incidents
• Playground injuries and accidents
• Injuries during physical education class or extracurricular activities
• Assault and battery by another student, bullying
• Sexual assault by a student or employee
• Food poisoning
• Toxic exposure, chemical injuries, and burns
• Structure malfunctions and failures
• Wrongful death

A public or private school may have liability for an injury, including:

• Preschools
• Elementary school
• Middle school, junior high
• High school, secondary school
• Career skills training program
• College, university
• Technical college

School Injuries

Common school injuries include:

• Broken bones, fractures
• Traumatic brain injury
• Cuts, lacerations, and bruises
• Internal organ damage
• Sprains and strains
• Psychological injury

Psychological injury may include anxiety, fear of going to school, a decline in grades and behavior at school, PTSD, depression, and social difficulties. An injured victim may claim compensation for the treatment, therapies, and suffering associated with mental injuries.

A school may have liability for an injury caused by any of the following:

• Teachers
• Principals and administrators
• Staff
• Coaching staff
• Bus drivers
• Aides and assistants

In some cases, the South Carolina Department of Education may be legally liable.

When a School Injury May Lead to a Legal Claim

Not every injury at school means the school is legally responsible. Liability may arise when negligence or another wrongful act contributes to a student’s injury.

A claim may involve inadequate supervision, unsafe property conditions, negligent hiring, transportation accidents, or failures to address known dangers. The circumstances determine who may be responsible and what legal standard applies.

When a child suffers a serious injury, the effects may extend beyond immediate medical treatment. A claim may seek compensation for medical expenses, future care, pain and suffering, and other recoverable losses.

Hite Law Firm investigates how the injury happened and whether a school, employee, or another party may share responsibility. Our attorneys put your child’s needs first while guiding your family through the legal process.

School Injury Claims Can Be Complicated

Different legal standards may apply depending on how and where your child was injured.

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Laws for School Injury Compensation in South Carolina

In South Carolina, schools can be held liable for injuries to students. The legal standard for liability is usually negligence or gross negligence.

The South Carolina Tort Claims Act applies, S.C. Code § 15-78-10 et. seq. The Tort Claims Act says that public bodies are liable for torts in the same manner and to the same extent as private entities. There are some exceptions and a limitation of damages.

Under § 15-78-60(25), a school is liable for gross negligence, not merely ordinary negligence, for injury arising from the supervision, protection, control, confinement, or custody of a student. For injuries with other underlying causes, the legal standard is ordinary negligence.

Gross negligence and ordinary negligence

Injuries that occur at school may or may not be related to the supervision, protection, and control of a student. For example, in Doe v. Greenville County School District (Op. No. 26372, 2007), the South Carolina Supreme Court said that a child victimized by sexual assault by a substitute teacher fell under the legal standard of gross negligence. (See also Richardson v. Hambright, 296 S.C. 504 (1988), where a gross negligence standard applied when the school failed to follow its policy of conducting ID checks for students being transported in private vehicles.) However, a child who suffers physical injuries in a bus accident may bring their claim under an ordinary negligence theory. (Gardner v. Biggart, 308 S.C. 331 (1992)).

Our school injury lawyers can help you identify the claims and the legal standards. We advocate for your child throughout the case.

Exceptions to school injury liability

The South Carolina Tort Claims Act lists several exceptions to liability. A school is not liable for:

• Snow, ice, or other temporary natural conditions on a public way, unless the snow and ice is affirmatively caused by employee negligence. (§ 15-78-60(8)).
• Playground or recreational area maintenance, security, or supervision unless a danger is not corrected within a reasonable time after notice of it. (§ 15-78-60(16)).
• Criminal actions, negligence, or gross negligence of a non-employee.

Private schools and injury compensation

The South Carolina Tort Claims Act applies only to public schools. If your child is hurt at a private school, traditional negligence and tort liability apply. The school may be liable based on premises liability, tort theories of negligent hiring and supervision, and any other theories that might apply.

Compensation and Deadlines for South Carolina School Injury Claims

A child injured because of negligence may have grounds to seek compensation for resulting losses. Recoverable damages depend on the circumstances and severity of the child’s injuries.

Compensation may address medical expenses, future treatment, pain and suffering, and other losses allowed under South Carolina law.

Claims against public schools are subject to the South Carolina Tort Claims Act. The Act limits the damages recoverable from governmental entities and establishes specific procedures for pursuing these claims.

It also establishes deadlines that differ from those applying to many other South Carolina personal injury cases. Certain circumstances may affect the time available to pursue a claim.

Families should not assume they have additional time simply because the injured student is a minor. Waiting can also make evidence more difficult to preserve.

Our school injury lawyers can determine which deadlines apply and explain how South Carolina law affects your child’s potential school injury claim.

Experience Handling Serious Child Injury Claims

When a child is injured, families need attorneys who understand both the legal claim and the child’s individual needs. Hite Law Firm has advocated for injured children and families throughout South Carolina.

Our case results include a confidential settlement involving faulty playground equipment in a child injury case. Our broader results also include verdicts and settlements involving serious injuries, negligence, and child abuse.

Hite Law Firm has represented injured people and children since 1981. Our attorneys investigate what happened, identify potential sources of responsibility, and prepare claims around each client’s circumstances.

Past results do not guarantee a similar outcome. Every case depends on its individual facts, injuries, and applicable law.

Talk to a South Carolina School Injury Lawyer

If your child has been hurt at school, Hite Law Firm is here to listen. Our attorneys can help you understand whether the circumstances may support a legal claim.

We can explain the legal process, answer your questions, and discuss what may come next for your family. Your child’s needs and interests remain at the center of our approach.

Consultations are free, and there is no obligation to pursue a claim. Contact Hite Law Firm to speak with a South Carolina school injury attorney.

Put Your Child’s Needs First

Hite Law Firm advocates for injured children and families throughout the legal process.

Contact Hite Law