QUESTION
Can I sue if my child was injured at school?
Asked on Apr 29th, 2011 on Personal Injury - Florida
More details to this question:
My son fell and at school and cracked his permanent two front teeth. Can I sue them for neglect? I was not notified and they failed to follow appropriate protocol regarding the incident. He is a special needs kid with a disability and he is not able to walk and utilizes a walker. I feel his safety was compromised. The school specializes for kids with health impairments. I also work at his school in the lunchroom. My son told me that his mouth was hurting because he fell. His teacher assistant personally told me that he did fall face down but she could not get to him. He is supposed to be supervised at all times and requires assistance. She was not aware that his teeth were cracked. I was upset because she failed to report the incident and my son was in pain.
9 ANSWERS
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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I do not think a suit for failure to notify you or follow protocol after the accident has much merit because it probably did not add much if anything to your child's damages. You could sue the school for negligence if you can prove they were negligent. From your description, there may not be any negligence. I understand that someone is to be with your son at all times, but that may not mean they have to be so close as to avoid a fall.
Answered on May 03rd, 2011 at 10:17 AM
Personal Injury including Litigation Attorney serving Wilmington, DE
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Ramunno & Ramunno, P.A.
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Most of your questions involve the lack of care, concern and communication by the school. But, it appears that those problems did not cause any additional injuries.
You need to determine how and why the accident occurred and what the school did wrong. You indicated that there was a lack of supervisor but did that cause the accident? Or in other words: if there was more supervision would that have prevented the accident? Also, how much supervision is the school obligated to give to each student? There may also be some issues of immunity from liability . Therefore, you should discuss with your son, the school, witnesses and a lawyer, as to what you can prove.
Answered on May 03rd, 2011 at 9:43 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Surely you can make a claim (sue) . you will have to prove that he was neglected. You will need medical (or dental) testimony if you expect to prove your damages. Just being irritated because you were not notified is not really germane.
Answered on May 03rd, 2011 at 9:41 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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It is difficult to answer this question as there is not much detail. Is this a private school or public school? Is the level of care contractually mandated? Is the protocol you refer to documented in writing as to what they should have done? If so, you may have a breach of contract claim and you may have a negligence claim as well. If the school is government operated, you would have to file a tort claim first within six (6) months of the incident.
Answered on May 02nd, 2011 at 10:41 AM
Theodore W. Robinson
You need to speak to an experienced negligence attorney to see if they will take your case for your son. The case is too fact intense to offer a full answer here. It will depend upon whether such an attorney will take your case or not.
Answered on May 02nd, 2011 at 10:39 AM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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You may have a case, based upon the information that you have supplied. We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you. Thank you for your email, and we look forward to hearing from you.
Answered on May 02nd, 2011 at 10:27 AM
William C. Gosnell
Yes, hire a personal injury lawyer.
Answered on May 02nd, 2011 at 9:57 AM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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Its not so much what happened after the accident but what caused it. Was there a tripping hazard that the school had notice of? Is this a public school? If so, you need to serve a notice of claim within 90 days of the accident to preserve your right to sue. I am a former state and federal prosecutor and now handle personal accident cases so feel free to check out my web site and contact me to discuss the case.
Answered on May 02nd, 2011 at 9:46 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If the school failed to follow its own protocol then that can be used against the school as evidence of negligence. I would approach the school before threatening to sue them, and then only sue them if they refuse to do the right thing. In Florida, there are hoops you have to jump through before suing a governmental entity, and there is a requirement that you send them notice of your intent to pursue a claim within 3 years, although the statute of limitations is still 4 years. Go see a lawyer if the school won't pay. J
Answered on May 01st, 2011 at 4:34 PM