QUESTION
If my son broke his arm during recess, who is responsible for this, the parent or the school?
Asked on Nov 15th, 2013 on Personal Injury - Michigan
8 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If the school was negligent, possibly the school if it is a private school. If it is a public school, then there may be governmental immunity. If the school was not negligent, i.e. was watching but the child fell awkwardly, then it is probably the parent's responsibility. Talk with a local attorney about the issue. If the arm will be fine, it may not be worth a law suit.
Answered on Nov 20th, 2013 at 9:02 PM
Ronald A. Steinberg
The school is protected by the doctrine of Governmental Immunity.
Answered on Nov 20th, 2013 at 11:46 AM
James Eugene Hasser
It depends on how the accident happened and was at fault. Just because the accident happened at school on school grounds doesn't necessarily make the school liable. You have to show the school did something wrong. Reading between the lines, it sounds like another child was involved somehow as you mention the parent. It is also true with regard to parents. They are not necessarily liable for their children's actions. You have to prove they did something wrong, too. You may want to consider talking to an experienced personal injury lawyer.
Answered on Nov 20th, 2013 at 11:39 AM
Thomas Edward Gates
It depends upon how he broke his arm.
Answered on Nov 20th, 2013 at 11:30 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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There is nothing automatic about it. A school can be held liable if it can be shown that the teacher knew or should have known that a dangerous activity was taking place, and that he/she had an opportunity to stop it and failed to do so. Sometimes these things happen so fast, there would have been no way to prevent it. However, if there was a dangerous activity taking place and the teacher just stood there and let it happen, then you have something to talk about.
Answered on Nov 19th, 2013 at 4:57 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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The parent, unless the accident was a result of the school's negligence.
Answered on Nov 19th, 2013 at 4:56 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Help me out. Why would you think the school is responsible?
Answered on Nov 19th, 2013 at 4:56 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Cannot tell, most probably parent.
Answered on Nov 19th, 2013 at 4:55 PM