QUESTION

My sons leg was broken by another student

Asked on Mar 26th, 2023 on Education Law - Florida
More details to this question:
My son was playing soccer during P.E. another student was kicking everyone. He said she always does that during soccer. I also spoke with two students who said she does it to everyone. She kicked him once, and he started limping. She kicked him again, and he went down. I was in the car line at the school when it was happening. Three teachers came to get me and told me he was hurt, and they called the ambulance. He was still lying in the dirt, screaming in excruciating pain, when I got to him. In the ambulance, they gave him fentanyl; when we arrived at the hospital, they gave him morphine. He wouldn't let them look at his leg; he was scared to move it. They put him to sleep, cast it x-ray, and cleaned him up. The x-ray shows his tibia is broken, and he may require a metal plate. He has an appointment with a pediatric orthopedic surgeon. I want the school to pay for his medical bills if possible. This has been very stressful he still won't try his crutches he is scared to stand.
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1 ANSWER

Personal Injury Attorney serving Orlando, FL
3 Awards
Yes, if the student was habitually doing this to other students, then the school had constructive notice, if not actual notice, of this dangerous problem. A lawsuit could be maintained against the school and possibly the parents of the student for their neglect. There are shorter statutes of limitations when you sue a sovereign entity, so you should retain counsel here in Florida for contingency-fee representation, which means you don't pay anything, unless you win.    Stephen Black, Esq. (407) 616-6502 (cell phone)   
Answered on Mar 27th, 2023 at 1:26 AM

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