QUESTION
Is teh school responsible if my daughter got injured in the gym due to not wearing the proper shoes when they had the activity?
Asked on Mar 02nd, 2014 on Personal Injury - New York
More details to this question:
My daughter dislocated her knee at school. She was in health class and the teacher decided to take them to the gym to play dodge ball. School policy is "no gym class if student does not have athletic shoes". Which results in a 0 for the day or fail the class. Now my daughter did not have athletic shoes on because she was in health class not gym class. Is the school responsible for medical bills and ambulance? Since they let them run around without proper attire.
6 ANSWERS
Ronald A. Steinberg
No. Governmental immunity will prevent a suit for ordinary negligence, and that is what this sounds like.
Answered on Mar 07th, 2014 at 10:17 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Maybe. Sit down with a personal injury lawyer and let him look at everything you have.
Answered on Mar 05th, 2014 at 9:55 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Probably not. Talk with a local attorney because your state's law may be favorable. I say probably not because your daughter participated. She could have pointed out she didn't have the appropriate shoes. Also since it was health class and not gym, why would she get a 0 for the day? Finally, is it possible that the teacher told the class the day before they would be going to the gym? Talk about all of these issues with the local attorney.
Answered on Mar 04th, 2014 at 4:38 PM
Thomas Edward Gates
If the policy relates only to gym class and they were not in gym class, but health class, they likely are not liable. That said, you can still submit your claim to them. You will need to retain a personal injury attorney.
Answered on Mar 04th, 2014 at 4:37 PM
James Eugene Hasser
Yes, the school could very well be responsible. Presuming we are talking about a public school, consider consulting an experienced injury lawyer familiar with government immunity cases.
Answered on Mar 04th, 2014 at 4:37 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I think you have valid grounds to allege liability, since they violated their own rules.
Answered on Mar 04th, 2014 at 4:10 PM