You may have a civil claim for damages, if your child was injured based on not having the protection. It is always difficily to sue government controlled entities, but lawyers can and do and this sounds like negligent supervision. If you have any further questions, feel free to email me- jmp@knowthelawyer.com. Check out our website- www.knowthelawyer.com. We'd love to help you. Our number is 800-6-know-law.
I am sorry to hear what happened to your daughter. I assume you are asking if a claim for damages can be brought against the school? To do that you need to prove negligence and damages. Assuming the school knew she was supposed to be wearing the helmet at the time of the injury, then negligence should be clear. The bigger question is damages. Did your daughter sustain an ongoing injury as a result of the incident. If there is no injury, then making a claim for damages is likely not practical from a legal standpoint.
You can however file a complaint with the State and County over their lack of supervision. I should have that information if you don't.
If your daughter did sustain an injury, personal injury lawyers such as my firm, handle such cases on a contingency basis. Meaning we don't get paid unless we recover money damages. If you have any questions or need the referenced information, please do not hesistate to contact me.
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