School Immunity

As a subdivision of the state, public schools in Missouri have sovereign immunity. This means they can't be sued in personal injury cases.  However, as with many rules in the law, there are exceptions.

In cases against public schools, sovereign immunity is waived in cases arising out of motor vehicle accidents and in premises liability cases like slip or trip and falls.  There are other exceptions, but these are the primary ones.

I bring this up because a recent school bus accident in Clay County caught my attention.  The Kansas City Star reported that a school bus ran off the road into a ditch on 33 Highway south of Holt. The accident injured about 12 secondary school children.  The story can be found here.

If the accident was the result of the negligence of the school bus driver, then the parents of the students injured would have a right to bring a personal injury claim against the school district. The school's sovereign immunity would be waived because the cases arise out of the operation of a motor vehicle.