If your child is injured at a Nevada school, you may be able to bring a lawsuit against the school or school district. Damages that can be recovered in a lawsuit against a school district can include payment for medical bills as well as pain and suffering.
Common causes of lawsuits against Nevada school districts include:
- Teacher misconduct,
- Premises liability violations,
- Failure to provide adequate security or medical assistance,
- Food poisoning,
- Bus accidents,
- Broken equipment, or
- Intentional acts such as bullying or sexual harassment by a teacher or other students.
In this article, our Las Vegas personal injury lawyers address these key issues regarding lawsuits against Nevada educational institutions.
- 1. School Liability for Negligence
- 2. Intentional Wrongful Acts
- 3. A School’s Duty of Care
- 4. Student Rights Violations
- 5. Title IX Discrimination
- 6. Damages
- Frequently Asked Questions
- Additional Reading
1. School Liability for Negligence
Under Nevada’s respondeat superior law, schools and their districts are liable for the negligent acts of employees within the scope of their employment. A Nevada teacher is acting within the scope of their employment if:
- What they were doing occurred during business hours, and
- The actions were part of the employee’s regular job function.
Example: Mr. Masters is a science teacher with the Clark County public school district. While demonstrating a routine chemical reaction for his class, Mr. Masters accidentally uses the wrong chemical. The chemical explodes, burning several students. The school is liable because: 1) Demonstrating scientific principles falls within Mr. Masters’ scope of employment, and 2) Mr. Masters conducted the science experiment negligently.
No Sovereign Immunity
Normally, state governments generally have the right to claim “sovereign immunity” from lawsuits. Under NRS 41.032, Nevada waives sovereign immunity and, therefore, consents to be sued for negligence by its employees.
Public universities covered by Nevada’s sovereign immunity waiver include (without limitation):
- University of Nevada, Las Vegas (UNLV) (see our related article on suing UNLV for personal injury),
- Nevada State College, and
- College of Southern Nevada.
Public school districts in Nevada include (without limitation):
For more information, see the Nevada Department of Education, Nevada Schools and Districts Information.
Damage Cap
As a condition of Nevada’s sovereign immunity waiver, there is a $200,000 cap on damages for negligent acts by public employees. Additionally, victims of school employee negligence cannot recover punitive damages from the schools.1
However, if the educational institution is private, these limitations on damages do not apply.
You can try suing the employee individually for their intentional acts. The $200,000 cap does not apply to them, though school employees usually do not have much money anyway. Schools have much deeper pockets than their staff.
2. Intentional Wrongful Acts
Nevada schools are generally not liable for the intentional wrongful acts of their employees. However, a school district is liable for an employee’s intentional acts if the institution itself was negligent in hiring, retaining or supervising the employee.
A Nevada school or district commits negligent hiring, retention or supervision when:
- The school fails to conduct a reasonable background check of an employee;
- The school retains an employee after discovering the person is potentially unfit or dangerous;
- The school fails to train its employees on how to prevent or deal with injuries; or
- The school fails to discipline or adequately supervise its employees.2
Example: Several female eighth graders have complained about sexual harassment by their history teacher, Mr. Cole. The principal does nothing to reprimand him or to protect the students. Mr. Cole is later convicted of several acts of lewdness with a child under 16. If the students decide to sue for the lewd acts, the school district should be held liable. The principal was on notice that Mr. Cole posed a danger to students. By retaining him as a teacher, the institution itself was negligent.
Common lawsuits for intentional torts at Las Vegas schools include:
- Sexual harassment or sexual assault by teachers,
- Bullying by teachers or personnel,
- Failure to prevent bullying or harassment by other students,
- Corporal punishment (assault and battery),
- Discrimination based on gender, gender identity or sexual identity in violation of Title IX (discussed below), and
- Intentional infliction of emotional distress.
3. A School’s Duty of Care
Premises Liability
Property owners in Nevada have a duty to maintain their premises in a reasonably safe condition. At an educational institution, this encompasses all property owned or used by it, such as:
- Classrooms,
- Cafeterias,
- Playgrounds,
- Restrooms,
- Walkways,
- Parking lots,
- Gyms, swimming pools and stadiums, and
- Offices.3
Duty to Prevent Accidents
Schools in Las Vegas face lawsuits for accidents when an employee’s negligence results in:
- Slip-and-fall injuries,
- Food poisoning,
- Drowning accidents,
- Preventable sports injuries (including traumatic brain injury)
- Injuries from broken furniture, playground or gym equipment,
- Bus accidents during sporting events or field trips, or
- Any other reasonably foreseeable injury.
Special Duty of Care to Students (“In Loco Parentis”)
Nevada schools have a special legal duty to protect students as their own children. This duty of care arises under the legal doctrine of in loco parentis (“in the place of the parents”).
This special duty of care to your children includes the obligation to:
- Supervise students;
- Minimize foreseeable dangers to them;
- Ensure their safety;
- Prevent bullying; and
- Obey all Nevada laws and regulations, including those respecting minor children.
School districts have much deeper pockets than individual school teachers.
4. Student Rights Violations
Lawsuits against Nevada school districts can also arise when an educational institution violates your child’s constitutional right, such as:
- free speech,
- free exercise of religion, or
- freedom from unreasonable searches and seizures.
Limitations on Mandatory Dress Codes
Mandatory dress policies are legally enforceable in Nevada schools as long as:
- They are viewpoint- and content-neutral,
- They advance important interests unrelated to the suppression of free speech, and
- They impose as minimal a restriction as possible on your child’s free expression.4
Example: A Las Vegas middle school’s dress code bans the wearing of shirts that show the midriff. The ban is most likely legal since it is gender-neutral and advances the institution’s policy of preventing sexual assault and harassment.
On the other hand, a ban against boys wearing make-up would not be enforceable. Such a ban would not be gender-neutral and would impose an unreasonable restriction on male students’ free expression.
Students’ Right to Free Speech
Schools may also not require your children to engage in or promote speech they or you find offensive. For example, your child is not required to:
- Wear a uniform containing a school motto,5 or
- Say the pledge of allegiance or salute the flag.6
Unreasonable Searches and Seizures
Schools in Las Vegas may not require your child to submit to searches of their person or property unless:
- The institution has reasonable grounds for suspecting that the search will turn up evidence of a violation of law or school rules;
- The search is reasonably related to the circumstances justifying the interference; and
- The search is appropriate in light of the age and sex of your child and the nature of the infraction.7
For instance, the U.S. Supreme Court has upheld as reasonable the search of the purse of a student who was accused of smoking in the bathroom.8 However, requiring a student accused of drug possession to remove her clothes down to her underwear and then pull out the bands on her bra and underpants constituted an unreasonable strip search by the school.9
5. Title IX Discrimination
Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in educational programs. It applies to all schools that receive federal funds for any purpose.
Wrongful acts prohibited by Title IX include (without limitation):
- Sexual assault by teachers;
- Sexual harassment by teachers;
- Discrimination based on gender;
- Discrimination based on transgender status or gender identity; or
- Discrimination based on sexual orientation.
To maintain an action for damages under Title IX, a student must prove that:
- A school policy violated Title IX, or
- An official of the school district with authority to institute corrective measures on the district’s behalf knew of a teacher’s misconduct, had the power to end it, and failed to do so.
6. Damages
If you or a child has been injured through a Nevada school’s negligence or intentional tort, you may sue for compensation for:
- Payment of medical bills and therapy,
- Lost earning capacity,
- Pain and suffering, and
- Other compensatory damages.
Additionally, if the act was intentional, you can sue the individual and request punitive damages.
Schools are liable for their teachers’ negligence.
Frequently Asked Questions
How long do I have to sue a school district in Nevada?
In Nevada, the statute of limitations for personal injury claims is generally two years from the date of the injury (NRS 11.190). If you fail to file a lawsuit within this two-year window, you will likely lose your right to seek compensation. However, because cases involving minors and government entities can have complex filing deadlines or tolling rules (pausing the clock until the child turns 18), it is crucial to consult a personal injury lawyer immediately after an accident.
Can I sue the Clark County School District (CCSD) if my child is bullied?
Yes, you can sue CCSD or other Nevada school districts for bullying, but it requires proving that the school was negligent. You generally must show that the school administration or teachers knew or should have known about the bullying and failed to take reasonable steps to stop it, resulting in physical or severe emotional harm to your child.
Does signing a permission slip mean I cannot sue the school for an injury?
Not necessarily. While schools use liability waivers and permission slips for field trips and sports, these documents do not grant schools a free pass to act recklessly. In Nevada, a waiver typically cannot protect a school from liability for gross negligence or intentional wrongful acts. If a teacher abandoned their duty of care, you might still have a valid case despite signing a waiver.
Is suing a private school different from suing a public school in Nevada?
Yes, it is very different. Public schools (like those in the Washoe County or Clark County School Districts) are government entities. They are protected by a $200,000 statutory cap on negligence damages and are immune from punitive damages. Private schools do not have these government protections. If you sue a private school in Nevada, there is no automatic $200,000 cap on compensatory damages, and you can potentially seek punitive damages directly against the institution.
Can I sue a teacher directly instead of the school district?
Yes, but it is often less effective for recovering compensation. You can sue a teacher in their individual capacity if they commit an intentional tort (like sexual assault or corporal punishment). While the teacher does not have the $200,000 government damage cap, individuals rarely have the personal wealth or insurance policies to pay a large judgment. This is why lawyers often look for ways the school district was negligent (for example, negligent hiring or supervision) to access the district’s larger insurance policies.
What is the maximum amount I can sue a public school for in Nevada?
Under Nevada law (NRS 41.035), there is a strict $200,000 statutory cap on damages for negligence claims against government entities, which includes public school districts. This cap applies to claims accruing on or after July 1, 2022.
Can I sue a Nevada school for my child’s sports injury?
Yes, if the injury was caused by the school’s negligence. While students assume normal risks associated with playing a sport, you can sue if the injury resulted from broken or improperly maintained equipment, unsafe premises, or a severe lack of supervision by the coaching staff.
What is ‘in loco parentis’ and how does it affect school liability?
The legal doctrine of ‘in loco parentis’ translates to ‘in the place of a parent.’ In Nevada, this means schools have a special legal duty to supervise, protect, and minimize foreseeable dangers to students while they are under the school’s care, much like a parent would.
Can a Nevada school claim sovereign immunity from lawsuits?
No. Nevada has largely waived its sovereign immunity under NRS 41.032. This waiver means that the state consents to let public schools and universities be sued for the negligent acts of their employees, though it does impose the $200,000 damage cap as a condition.
Can I get punitive damages if I sue a public school district in Nevada?
No. Nevada law explicitly prohibits the recovery of punitive or exemplary damages against government entities. You can only recover compensatory damages (like medical bills and pain and suffering) up to the statutory cap from a public school district.
What types of damages can I recover in a school injury lawsuit?
If successful in a negligence claim against a school, you can recover compensatory damages. This includes payment for past and future medical bills, physical or occupational therapy, pain and suffering, and lost future earning capacity if the injuries are severe and permanent.
Can I sue the school if my child gets food poisoning from the cafeteria?
Yes, food poisoning falls under negligence. If you can prove that the school cafeteria staff failed to properly store, prepare, or cook the food and that this specific negligence directly caused your child’s illness, the school district can be held liable.
Will a Nevada school district settle out of court?
Often, yes. Like many defendants, school districts and their risk management teams frequently prefer to settle clear cases of negligence out of court. This avoids the high costs of litigation and the negative public relations associated with a high-profile trial.
Additional Reading
For more in-depth information, refer to the following:
- Overcoming Legal Liability Concerns for School-Based Physical Activity Promotion – American Journal of Public Health.
- Culture Loss and Crumbling Skulls: The Problematic of Injury in Residential School Litigation – PoLAR.
- Legal Liability: The Consequences of School Injury – Journal of School Health.
- Preventing School Injuries – Rutgers University Press.
- Negligent liability lawsuits and public school personnel: Breach of duty and defense – Spalding University Dissertation.
Legal references:
- NRS 41.035; See also County of Clark ex rel. University. Medical Center v. Upchurch (1998) 114 Nev. 749, 961 P.2d 754 (“Large jury awards could present a threat to the state treasury. A statutory cap on the damages the state must pay for its tortious conduct furthers a legitimate interest in protecting the state treasury.”).
- See Hall v. SSF, Inc (1996), 112 Nev. 1384.
- See Lewis v. Clark County School District (Nev. App. 2023) No. 84157-COA. See also Ryan Ketcham, New law aims to increase safety in school zones as hundreds of incidents reported this semester, KTNV-13 ABC (December 12, 2025). See also Jessica Garcia, School districts put SB80 concussion changes into action, Nevada Appeal (July 7, 2024).
- Jacobs v. Clark County School District (2005) 373 F.Supp.2d 1162.
- Frudden v. Pilling (9th. Cir., 2014) 526 F.3d 419.
- West Virginia State Board Of Education v. Barnette (1943) 319 U.S. 624.
- New Jersey v. T.L.O. (1985) 469 US 325.
- Same.
- Safford Unified School District v. Redding 557 US 364 (2009).