When you send your child to school, the playground, or practice, you expect adults to keep them reasonably safe. When that doesn’t happen and your child is seriously hurt, Pennsylvania law does give families options — but the rules are not straightforward, especially when schools or public property are involved.
This brief guide explains the basics of how Pennsylvania handles these claims and why it’s important to talk to an attorney quickly.
Who Can Be Held Responsible?
Public schools and school districts
Public schools and districts in Pennsylvania are protected by strong “governmental immunity” laws. In simple terms, you usually can’t sue them unless your case fits into specific exceptions — most commonly, dangerous conditions of the school building or grounds (like broken steps, unsafe flooring, or defective playground equipment) or the negligent operation of a school bus.
If your child was hurt because of poor supervision alone, that may not be enough against a public district. One of the first things a lawyer does is analyze whether your case falls into one of the allowed exceptions.
Private schools, daycares, and programs
Private schools, daycares, and many afterschool or sports programs don’t get the same immunity. They can often be held liable under ordinary negligence rules when they:
- Fail to supervise children reasonably
- Ignore known hazards on the property
- Use unsafe or poorly maintained equipment
- Hire or keep unqualified staff or coaches
Parks, playgrounds, and sports fields
Playgrounds and fields may be owned by a town, school, or private organization. If land is open to the public for free recreation, Pennsylvania’s recreational use law can limit the owner’s liability for simple negligence. That doesn’t automatically kill a case—but it changes the legal analysis and makes it even more important to identify who owns, controls, and maintains the property.
Sports Injuries: What’s “Part of the Game” vs. Negligence?
Sports come with obvious risks. Pennsylvania recognizes that kids (and parents) accept some of those risks when they choose to play. But there are still situations where a claim may exist, including:
- Unsafe or defective playing surfaces or equipment
- Missing or inadequate safety gear
- Reckless coaching (pushing a child to play through clear injury)
- Conduct that goes beyond normal contact for that sport
The key question is whether your child was hurt by the normal risks of play, or by someone else’s careless or reckless behavior.
Time Limits and Fault Rules in Pennsylvania
Statute of limitations for minors
In most Pennsylvania injury cases, adults have two years from the date of injury to file a lawsuit. For minors, that two-year clock is usually paused until the child turns 18, then runs until their 20th birthday.
However:
- A parent’s own claim (for medical bills they paid, for example) may still be limited to the normal two-year period.
- Claims involving public entities (like a school district) can have extra notice requirements and damages limits.
- Medical malpractice involving a child has its own special timing rules.
Because these rules are technical, you don’t want to assume you “have plenty of time” without legal advice.
Comparative negligence
Pennsylvania uses a modified comparative negligence rule. If a jury finds the injured person more than 50% at fault, they recover nothing. If they’re 50% or less at fault, their compensation is reduced by their percentage of fault. For children, age and maturity factor into how “fault” is judged.
What Parents Should Do After a School, Playground, or Sports Injury
If your child is hurt:
- Get medical care immediately
Have your child evaluated and follow all treatment recommendations. This protects their health and documents the injury. - Report the incident in writing
Notify the school, league, daycare, or property owner as soon as possible and ask for a copy of any incident report. - Preserve evidence
Take photos of the scene, the equipment, and your child’s injuries. Keep damaged clothing, shoes, or gear. - Get witness information
Collect names and contact details for staff, parents, or others who saw what happened. - Don’t sign anything yet
Avoid signing waivers, releases, or accepting quick offers from insurance companies before you understand your rights. - Talk to a Pennsylvania child injury lawyer
These cases often turn on details: who owns the property, whether immunity applies, what deadlines control, and how serious the injury is. An experienced attorney can sort out those issues and protect your child’s claim from day one.
How Cooper Schall & Levy Can Help
At Cooper Schall & Levy, we represent children and families across Philadelphia and throughout Pennsylvania in cases involving:
- School and playground injuries
- Youth sports and recreation injuries
- Dangerous property conditions
- Pediatric and medical negligence
We investigate how the injury happened, identify every potentially responsible party, and work with medical and financial experts to understand your child’s long-term needs.
If your child was hurt at school, on a playground, during a game, or in any supervised activity, you don’t have to navigate Pennsylvania’s rules alone. Contact Cooper Schall & Levy today for a free consultation to discuss what happened and learn your legal options.
