QUESTION
Can I sue the school if my child broke her foot? How?
Asked on Sep 29th, 2015 on Personal Injury - Utah
More details to this question:
My daughter was injured while jumping hurdles in gym class at school. She went to the school nurse and they sent her back to class. I was never notified by the school that my child was injured, she came home and told me her foot hurt and I took her to the doctor. Her foot is broken and the school never notified me at all that she was even hurt. Can I sue them?
11 ANSWERS
1 Award
You can try to recover financial damages from a school, but you'll need to be prepared. First and foremost, DOCUMENT EVERYTHING, and contact a lawyer who specializes in personal injury or government law. - Get complete medical treatment for your child's injuries and collect the medical bills and reports. - Your claim should include compensation for pain and suffering beyond the medical costs. - Unless your situation is unusual, be prepared to run into "governmental immunity" which prevents lawsuits against governmental entities. You'll need to prove your case has special circumstances before you can move forward with a negligence claim or criminal charges (for reckless or intentionally injury). Good luck and speedy healing to your daughter.
Answered on Oct 02nd, 2015 at 10:34 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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There are a number of obstacles to suing any public entity, let alone a school. First and most important, you must comply strictly with the law governing filing and serving claims and notices of claim with the appropriate municipal officer. There are some time limits: generally you must file and serve your Claim and Notice of Claim within 120 days of the incident. More to the point right now, though, is what damages has your child suffered? The broken foot may or may not have been due to negligence by a school employee, but in a lawsuit you would have to prove negligence, and that the negligence was the direct or natural or proximate cause of the harm to your daughter. You would then have to show what your (or her) damages are, and there are half a dozen or more potential bases for damages. Your best bet is to consult a lawyer experienced in dealing with schools, school boards and other government agencies, and to do so quite soon.
Answered on Sep 29th, 2015 at 4:50 PM
You would have to show that their not notifying you increased the amount of her injuries, but you do not say it did. They probably were not liable for the original injury and since they did not make it worse you have no basis for a suit.
Answered on Sep 29th, 2015 at 3:52 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Is extremely doubtful you would be a collect anything under the circumstances described.
Answered on Sep 29th, 2015 at 3:50 PM
Ronald A. Steinberg
From handling a similar case, I can tell you that under Michigan law, you will not be successful. You can only sue a governmental agency for 1) defect of a public building, 2) defect of a roadway, 3) intentional acts, 4) civil rights violations, and 5) negligence that is sooooo bad that it is almost as if the person intended to hurt your child.
Answered on Sep 29th, 2015 at 3:01 PM
James Eugene Hasser
You can sue, but I'm not sure what your damages would be. There's potential negligence in the cause of the accident and in the late notification, but it is all fact dependent. Consider consulting an experienced injury lawyer. Good luck.
Answered on Sep 29th, 2015 at 3:01 PM
Edwin K. Niles
You would have to prove negligence, i.e., the failure to exercise reasonable care. If it is a city school, be aware of the 6-month claim filing requirement. Please talk to an injury lawyer ASAP.
Answered on Sep 29th, 2015 at 3:00 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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Yes, if you prove negligence of the staff or negligent supervision.
Answered on Sep 29th, 2015 at 2:25 PM
Thomas Edward Gates
While you can sue the school district, the case is very, very small. The reason for this is the damages to your daughter was discomfort for a few hours after the nurse looked at the foot. If there were no visible signs of injury then the nurse can likely not be faulted.
Answered on Sep 29th, 2015 at 2:24 PM
Monica Cecilia Castillo-Barraza
From the information you provided, it appears that you can. You should speak with a local attorney, because, in California, there are strict deadlines and requirements that must be adhered to prior to filing the lawsuit.
Answered on Sep 29th, 2015 at 2:24 PM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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From the facts you set forth in your question, it appears you, on behalf of your daughter, may have a case against the school she attends for her suffering a broken foot while jumping hurdles in gym class and yet being sent back to class after visiting the school nurse all without you being notified.
Answered on Sep 29th, 2015 at 2:23 PM