QUESTION

Is it feasable to assume the school should be held liable for injuries incurred during a summer football practice (while inside of locker room) ?

Asked on Jul 19th, 2012 on Head and Spinal Injuries - Tennessee
More details to this question:
My son was attending high school football practice when inside the locker room some other kids decided to jump him. My son was beaten, and head smashed into wall until he was unconcious. The coaches did NOT report this to authorities, nor did they seek out medical assistance. The coaches called me 30 minutes after the incident to inform me that my son had been involved in an altercation and stated that he had a "small bump" on his head and I could come and pick him up. Upon my arrival to do so, I instantly knew it was much worse. My son was bloody, had a HUGE knot on his frontal lobe and several other contusions. I immediately took him to the hospital where it was determined that he had a concusion and mandibular contusions. The hospital immediately reported the assault to authorities and charges were filed against one of the adolescents involved. The charge was aggravated assault. I just cant get past the school coaches not following what should be mandatory protocol.
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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Most states enacted anti-bullying statutes in the wake of the Columbine tragedy, which require specific actions to be taken when a child is assaulted in school, including an investigation into the incident, specific discipline and the like. Most schools publish their policies online, so check out the school website.  You can sue a school for negligent supervision or negligent security, but you have to be in a position to prove that the fight was foreseeable. The cavalier attitude taken by the coaching staff after the altercation suggests that it might have been.  You should contact a local personal injury attorney (one in your state).  Personal injury attorneys work on a contingent fee basis, which means they only get paid out of the proceeds of the lawsuit if you win. They provide free initial consultations. Sometimes an attorney will ask you to pay a "retainer" to cover the some of the expenses of a case, this is an issue that varies from office to office. Beyond this, you should write the school principal and the local school board to complain about how this was handled. Talk to a lawyer first, who might assist you in preparing a letter. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.    
Answered on Jul 22nd, 2012 at 1:44 PM

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