QUESTION
Is my child's school liable for burns from school food?
Asked on Sep 23rd, 2014 on Personal Injury - Utah
More details to this question:
My 8 year old daughter attends public school. She received a 1st degree burn when she spilled marinara sauce from her school lunch on her abdomen. She did visit with the school nurse (who will be discussing the matter with the principal in hopes of lowering the temperatures of food in the cafeteria), but I have yet to take her to the emergency room. Is the school liable?
9 ANSWERS
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No. These things happen. Kids spill food sometimes, and there is no way the school could have prevented it. First degree burns are no big deal.
Answered on Oct 06th, 2014 at 10:49 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You obviously don't have a serious injury so your claim would be very small and lawyers would not likely be able to be involved. Why don't you just continue to press the system for changes. Write down the problem and let everybody know including the newspapers and TV in your area.
Answered on Oct 06th, 2014 at 10:21 AM
James Eugene Hasser
If you can show the school knew or should have known that the temp was too high, then the school may be liable. However, if the burns were not bad enough to seek medical attention, the claim may not be worth bringing as it would cost more than you would be likely to get out of it. I would put the school on written notice, though, to hopefully prevent other burns. Good luck.
Answered on Oct 06th, 2014 at 10:20 AM
How did the hot sauce penetrate through her clothing? Since a first degree burn, unless it is more than three inches in area, is normally treated at home, it does not seem worthwhile to argue who is at fault. Your child's injuries are too minor to warrant any monetary damages beyond, at most, one hospital visit. To establish school liability, you need to measure how hot the sauce was and how high in the container it was to show if a reasonable person could expect injury to occur.
Answered on Oct 06th, 2014 at 7:37 AM
Ronald A. Steinberg
Short answer: no liability. Governmental immunity prevents suits based on simple negligence. Only Gross Negligence.
Answered on Oct 06th, 2014 at 7:35 AM
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I think it depends on how bad the burn is. If it is not bad enough to take your daughter to the emergency room, it might be difficult proving that the sauce was unreasonably hot.
Answered on Oct 06th, 2014 at 7:32 AM
Thomas Edward Gates
Not likely. They did not cause the spill, your daughter did. Further, you would have to show that they were negligent that the temperature was to hot. They can likely show that the temperature was required to meet health code. Lastly, a first degree burn, come on now.
Answered on Oct 06th, 2014 at 7:32 AM
Edwin K. Niles
Yes, in my opinion the school is responsible. Any delay in treatment could be detrimental to your child?s health as well as to her claim. Please have her seen soon, and talk to a lawyer who specializes in personal injury. Please be aware that there is a six-month limit for filing a claim against a governmental agency such as a school.
Answered on Oct 06th, 2014 at 7:32 AM
Lisa Hurtado McDonnell
Yes, but your daughter has to see a doctor. Damages are limited to medical expense no expense no recovery. You can send the bill to the school insurer.
Answered on Oct 06th, 2014 at 7:31 AM