QUESTION
Can I file a claim against the school for my son’s injury?
Asked on Apr 16th, 2013 on Personal Injury - Michigan
More details to this question:
My son is in high school and helped his teacher open up a projection screen so that the teach could use it for class. My son is really tall so she asked him for assistance. The whole thing detached from the wall falling onto my sons head leaving a lump and concussion. I took him to the hospital after picking him up from school.
8 ANSWERS
Ronald A. Steinberg
Probably no lawsuit. There is a law in most jurisdictions called "governmental immunity." Can't sue the government or any divisions (such as schools, teachers) for ordinary negligence. In Michigan, must show a defect OF a public building. This would be merely the ordinary stupidity of some maintenance man working for the school. Kinda sucks, doesn't it?
Answered on Apr 25th, 2013 at 9:33 PM
File the medical bills with the school and they in turn should file them with their property and casualty insurance company.
Answered on Apr 18th, 2013 at 9:20 PM
Thomas Edward Gates
You may file a claim against the school district.
Answered on Apr 18th, 2013 at 9:03 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
The school should have medical payments coverage for such things. Have you talked to the principal?
Answered on Apr 18th, 2013 at 8:51 PM
Employment Law Attorney serving Beverly Hills, CA
at
Dordick Law Corporation
Update Your Profile
Yes. Obtain a Government Tort Claim from the school's legal department (assuming this is a public school). Fill out the form and file it where indicated. It must be done with in 6 months of the incident. If they deny the claim, then you can sue them. But the tort claim is mandatory.
Answered on Apr 18th, 2013 at 12:25 PM
James Eugene Hasser
If the school is public, you will probably have immunity issues with the school and its employees. But, in general, you would have to prove that negligence on someone's behalf caused the projector to fall and that your son was completely free from fault. To get more specific, I would need to know why the projector detached from the wall. For instance, if it was poor maintenance, you would have to show that a specific individual responsible for fixing it knew about the problem ahead of time but didn't do anything to fix it, guard against it detaching or adequately warn against it detaching. Hope that helps.
Answered on Apr 18th, 2013 at 12:24 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
A property owner or business proprietor can be held liable for known hazards that could foreseeably result in injury. So, you would have to show either that the school knew or should have known of the hazard, had an opportunity to correct it, and failed to take action or that the school created the hazard.
Answered on Apr 18th, 2013 at 12:24 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Need the details but unless there are major and/or permanent injuries it is doubtful there will be much of a recovery.
Answered on Apr 18th, 2013 at 12:23 PM