QUESTION
Can I sue her school if my daughter slipped on oil thrown purposely by another student and severely hurt her tailbone?
Asked on Nov 06th, 2012 on Personal Injury - New York
10 ANSWERS
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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No.
Answered on May 21st, 2013 at 12:48 AM
Ronald A. Steinberg
No, but you could sue the other student.
Answered on Dec 19th, 2012 at 12:40 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Meet with an experienced personal injury attorney.
Answered on Nov 09th, 2012 at 2:13 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Probably not. Generally the owner operator of a business or premises is only liable for dangerous conditions that they are aware of and do nothing about. You would have to show that the school either placed the oil on the floor, or was aware of it and took no steps to warn student or clean it up.
Answered on Nov 08th, 2012 at 10:58 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Why do you think a school would be liable for the misbehavior of a child? Put yourself in the mix, suppose that child did that in your back yard, would you expect to be liable?
Answered on Nov 08th, 2012 at 4:05 AM
Yes. You must be able to prove that either the oil was there long enough that someone at the school should have seen it and cleaned it up or that the students, if they are young, were not properly supervised and an accident occurred. A school is a government entity so you will need to file a claim within 6 months of the date of injury before filing a lawsuit. In addition a parent can not sue on behalf of a minor child without the assistance of an attorney.
Answered on Nov 08th, 2012 at 3:38 AM
You should contact the other student's parents to see if they will cover your daughter's medical bill.
Answered on Nov 08th, 2012 at 3:23 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No. From the way you describe it, the school did not have an opportunity to prevent the occurance.
Answered on Nov 08th, 2012 at 3:12 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Most probably not, however you may have a cause of action against the other student.
Answered on Nov 08th, 2012 at 3:06 AM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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Probably not. Unless the school had notice of this, no. They can't stop something they don't know is going to happen. Good luck.
Answered on Nov 08th, 2012 at 3:03 AM