QUESTION

I'll like to know if I can sue my daughter’s school because she injured herself at school on a excise bike scrapping he leg?

Asked on Oct 15th, 2012 on Personal Injury - Michigan
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8 ANSWERS

Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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For the school to be responsible for your daughter's injuries the school's, or its employees, must have caused your daughter's injuries. Negligence is usually defined as: "doing something that a reasonably careful person would not do under similar circumstances, or failing to do something that a reasonably careful person would do under similar circumstances." Without knowing more about how your daughter was injured, and what the school should or should not have done that could have prevented her injury, I cannot comment on whether you have a case against your daughter's school. Be advised that there are special requirements for suing a public school and the time limits are different than if you are suing a private school. The claim against the school would be governed by the Nebraska Political Subdivisions Tort Claim Act. Under the Act, a "Tort Claim" must be filed within one (1) year of the incident with the appropriate person. This Tort Claim and the other requirements of the Act are somewhat complex. If you are considering suing the school I would strongly recommend consulting with an attorney to learn more about your rights, options and about the requirements of the Political Subdivisions Tort Claim Act.
Answered on Oct 24th, 2012 at 3:40 PM

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Personal Injury Attorney serving Indianapolis, IN at Bernard Huff
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First, you may want to contact your daughter's school's insurance company and file a claim.
Answered on Oct 18th, 2012 at 2:23 PM

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Ronald A. Steinberg
Probably not. Under Michigan law, you can only sue for a "defect OF a public building." An exercise bike would not be considered a defective building.
Answered on Oct 17th, 2012 at 2:52 PM

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Thomas Edward Gates
No, the accident does not rise to a valid damage claim.
Answered on Oct 17th, 2012 at 1:22 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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You can sue but why? Thank god the school is making students exercise.
Answered on Oct 17th, 2012 at 12:59 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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All property owners, including schools, are responsible for keeping their property in reasonably safe condition. You would have to show that there was some sort of defect of the exercise bike which caused the injury and also that the school knew or should have known of the defect and failed to take steps to correct it, even though they had time to do so. Of course, evidence for all of those factors will be required
Answered on Oct 17th, 2012 at 12:56 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Sue on the basis of what? Scraping her leg? Who is going to pay attorney fees and court costs. Lawsuits are based on negligence. You didn't say the school did anything negligent. And the absence of negligence on the part of the child? And significant injury. Scraped leg does not sound like it will pass muster. And you wont usually collect against a school board unless it has obtained insurance for that type injury school boards are generally immune from suit.
Answered on Oct 17th, 2012 at 12:55 PM

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Personal Injury — Plaintiff Attorney serving Taylor, MI at Downriver Injury & Auto Law
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probably not, most states have immunity for the schools
Answered on Oct 16th, 2012 at 2:28 PM

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