Utah Public School Injury Claims: Playground, Sports, Bus, and Classroom Injuries
General information, not legal advice. Read the full disclaimer.
Short answer: A Utah public school, district, or charter school is a governmental entity, so an injury claim — a playground fall, a sports injury, a school-bus crash, an unsafe building condition — is governed by the Governmental Immunity Act. You must send a written notice of claim to the superintendent or business administrator of the board within one year after the claim arises (Utah Code §§ 63G-7-401, -402), wait 60 days before filing a lawsuit, and sue within two years. For an injured minor, the entity may ask the court to appoint a guardian ad litem, and if one is appointed the one-year notice period starts on the date of the order appointing the guardian.
Who this guide is for
Parents and students injured at Utah public schools and school activities, who need to know what to do now to preserve a claim.
What claims can be brought
The Act waives immunity for injuries proximately caused by a negligent act or omission of an employee within the scope of employment and for injuries caused by a defective, unsafe, or dangerous condition of a public building, structure, or other public improvement (§ 63G-7-301(2)(h), (i)). Examples can include a teacher's or coach's negligent supervision, an unsafe building or playground condition, or a negligent bus driver.
The Act also retains immunity for certain injuries, including those arising from a discretionary function, a latent defective condition, and other listed activities, so the facts matter.
School-bus crashes
A crash involving a school bus can involve claims against the district (for the driver's negligence or maintenance) and against other drivers. See Utah School Bus Accident Claims.
Sexual abuse and battery claims
The Act contains specific waivers for certain claims involving sexual battery or sexual abuse of a student by a school employee in a position of special trust who is criminally charged, with conditions that include whether the school had a code of conduct and training in place. These claims are fact-specific and legally complex. A lawyer experienced in this area should evaluate them promptly.
Steps for parents
- Get medical care and keep all records.
- Report the incident to the school and ask for the incident report in writing.
- Document the hazard or event: photos, witness names, and activity details.
- Calendar the one-year notice deadline — measured from the date the claim arises, not from the date the school responds.
- Send a signed notice of claim to the superintendent or business administrator (or the entity's designated agent), including a brief statement of the facts, the nature of the claim, and the damages known to date. See Utah Notice of Claim Against a Government Entity.
- Wait 60 days before suing, and sue within two years.
Children and the deadline
The Act lets the governmental entity request a guardian ad litem for a potential claimant under the age of majority or mentally incompetent. If a guardian ad litem is appointed, the time for filing the notice begins when the order appointing the guardian ad litem is issued. Don't rely on that: the statute doesn't guarantee the entity will ask for one. Treat the one-year deadline as running from the injury.
Settlements involving minors can involve additional protective steps; see Utah Injury Claims for Children.
Private schools and daycares
Private schools, private daycares, and other non-governmental providers aren't covered by the Governmental Immunity Act, so ordinary negligence rules and deadlines apply instead of the notice and cap provisions. See Utah Personal Injury Statute of Limitations.
Frequently asked questions
Where do I send a notice of claim for a school district?
To the superintendent or business administrator of the board, or the agent the district has designated.
How long do I have?
Notice within one year after the claim arises, suit within two years.
Does it matter that my child was hurt in a school-sponsored sport?
The same notice rules apply; other defenses such as assumption of risk may also be raised depending on the facts.
Can I sue the teacher personally?
Generally the entity is the exclusive defendant for acts within the scope of employment, with narrow exceptions.