QUESTION
If my son falls on school property and breaks his arm, does the school have liability insurance to cover other expenses?
Asked on Jan 31st, 2013 on Personal Injury - Florida
More details to this question:
My son said he fell off the monkey bars at school and he broke his arm in 2 places. Do I need to inquire about the schools liability insurance; is there a liability responsibility with their insurance?
13 ANSWERS
Ronald A. Steinberg
Under Michigan law, there would be no liability. there is a concept called "governmental immunity," which basically prevents you from suing the school (or any other governmental branch or employee performing a governmental job). There are, however, some very, very limited exceptions to that law. The one called the "public buildings" exception has been declared to not include monkey bars, swings, slides, etc. It has to be a part of the actual building itself, and cannot be a temporary problem, like water on the floor.
Answered on Feb 21st, 2013 at 12:13 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Likely, the school either has liability insurance, or the district is self-insured. Either way, if you intend to make a claim, you have to show that there is liability.
Answered on Feb 06th, 2013 at 4:17 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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They probably have liability insurance if they are liable. However, just because your son was injured at school does not mean they are liable. Rather than inquiring as to whether they are insured, a better inquiry would be whether they are at fault and are liable. The only possible liability I can see would be if the apparatus was unreasonably dangerous for children. One issue to check out is whether they violated a code regarding the depth of mulch or other material under the apparatus to absorb the impact of a fall.
Answered on Feb 06th, 2013 at 4:03 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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If it is a public school, most are self-insured and don't carry liability insurance. You can certainly inquire as it would be a public record. If they have insurance, inquire if there is a med-pay provision that covers some portion of medical expenses, regardless of fault.
Answered on Feb 06th, 2013 at 3:34 AM
Yes, you should check with the school and the school district. There may be insurance, or they might be self-insured.
Answered on Feb 06th, 2013 at 2:58 AM
The school may not be responsible for playground injuries unless the school's negligence unreasonably placed the child at risk for injury. Contact the school and a private attorney.
Answered on Feb 06th, 2013 at 2:30 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can inquire, but it sounds like the school is not at fault. Your son is the one who climbed and fell off and so your insurance is probably the carrier that will be required to cover it. Unless, of course, you can prove that the school's negligence led t the accident. Under the rubric that boys will be boys, that will be tough to prove.
Answered on Feb 06th, 2013 at 2:07 AM
Complex Litigation Attorney serving Weston, FL
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Schulman Law Group
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They may pay if a lawyer can prove they were legally negligent for him falling.
Answered on Feb 06th, 2013 at 1:56 AM
Automobile Accidents and Injuries Attorney serving Santa Ana, CA
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Law Offices of Maurice L. Abarr
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The school may have liability insurance or it may be self-insured. If self-insured you will need to pursue the claim through the risk manager or claims administrator for the school's self-insurance program. The problem you will likely have is proving that the school did anything wrong. Sometimes, but not always, the ground surface under the monkey bars is no sufficiently padded so as to absorb likely falls from the bars. This litigation can get expensive so you need to weigh the pros and cons of pursuing the claim.
Answered on Feb 06th, 2013 at 1:54 AM
James Eugene Hasser
Just because you get hurt on someone's property, it doesn't necessarily follow that they are liable. You would have to show that the school knew or should have known of a non-obvious dangerous condition on the property and failed to either guard or warn against it. If that is not the case, the school may have an insurance policy that has "med pay" provision which will only pay for medical bills, regardless of fault. You may want to talk with them about that. One word of caution, though, if the school you are talking about is a public school, it may be considered a part of the State and immune (or partially immune) from lawsuits. Now, that being said, I have seen situations where the manufacturer or installer of playground equipment may be liable. You might want to run your case by a lawyer familiar with Alabama accident law. Good luck.
Answered on Feb 06th, 2013 at 1:48 AM
You would have to ask the school about insurance they've purchased. From there the question of coverage may hinge on proper supervision on the school yard. Just because a child is injured at school doesn't mean there is liability for a failure to properly supervise. The facts will determine that issue.
Answered on Feb 04th, 2013 at 11:19 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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The school may have medical pay coverage but you may also have a case for pain and suffering depending on the supervision and the safety padding. I have gotten nice settlements in cases like this before.
Answered on Feb 04th, 2013 at 11:19 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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That is a factual question, and not a legal question. You need to make inquiry of the particular school board of the school where the incident occurred.
Answered on Feb 04th, 2013 at 11:18 PM