QUESTION
Should I sue my childs school for personal injury because he was burnt?
Asked on May 20th, 2011 on Personal Injury - Oregon
More details to this question:
Should I sue my child’s school? He had access to hot water and after he poured the hot water on his noodles the overflow burnt his hands. Why does any child have unsupervised access to hot water? His hand got burnt. Do I have a case?
12 ANSWERS
Personal Injury Law Attorney serving Naperville, IL
at
Law Office of Barry R. Rabovsky
Update Your Profile
You may have a case, based upon the information that you have supplied.
Answered on Jul 12th, 2013 at 12:28 AM
Workers Compensation Attorney serving West Palm Beach, FL
1 Award
Maybe.
Answered on Jun 10th, 2013 at 10:59 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
Can you protect a child against everything? Do you expect the school to put an envelope around him? I really don't know about claiming. You did not say how serious the burns were, what your bills are or what the drs say about all this. Want to give me more info about damage please. A minor 1st degree burn, nothing further , would not be worth pursuing, serious third degree b urns, scarring, etc might make a difference . also to know whether other kids have had problems before so that the school might be on notice that the water was too hot.
Answered on May 27th, 2011 at 8:40 AM
Wrongful Death Attorney serving Salem, OR
at
Swanson Lathen Prestwich, PC
Update Your Profile
There are many factors to consider, e.g. the age of your child, the number of students, the particular conditions of the day, the severity of his injuries, etc. Without knowing more details it would be difficult, if not impossible, to tell you where you had a case. I suggest speaking to a lawyer as soon as possible.
Answered on May 26th, 2011 at 11:31 AM
Theodore W. Robinson
Consult with a personal injury lawyer to see if they will take the case. It sounds like there is liability, but it will depend upon the level of injury and whether there was medical treatment and/or scarring that will decide. Let an attorney see the injury right away and give you some feedback. Good luck.
Answered on May 26th, 2011 at 8:57 AM
Contracts & Agreements Attorney serving Chantilly, VA
Partner at
Raheen Law Group, P.C.
Sorry to hear about your son's injury. More facts are needed in order to determine if you have a good case. For example, age of your son, extent of the injury, the location of the hot water, is there generally a supervisor in that area, etc. I urge you to speak with an attorney to discuss this situation.
Answered on May 25th, 2011 at 9:49 AM
Personal Injury including Litigation Attorney serving Wilmington, DE
at
Ramunno & Ramunno, P.A.
Update Your Profile
You can sue but you need to show that they have an obligation to supervise your child. This will depend on many factors, including; how old your child is?
Answered on May 25th, 2011 at 9:39 AM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
People too frequently think of suing. I would contact the school and find out if they have liability insurance and see if the liability insurer is willing to make a reasonable offer to you before you consider filing suit. I agree, that if there was water that was to be used on noodles that was so hot it was scalding, your child should have had supervision/assistance.
Answered on May 25th, 2011 at 9:37 AM
Small Businesses Attorney serving Livonia, MI
at
Klisz Law Office, PLLC
Update Your Profile
It really depends on the extent of his damages. Hopefully his injuries are not severe, but if they are, there may be a case here. Call me to discuss in depth.
Answered on May 24th, 2011 at 2:27 PM
Car Accidents Attorney serving Salem, OR
at
Howard W. Collins
Update Your Profile
It is hard to tell from your facts, but as stated probably not.
Answered on May 24th, 2011 at 11:32 AM
Employment Law Attorney serving Beverly Hills, CA
at
Dordick Law Corporation
Update Your Profile
You technically have a case, but the real question is whether the damages are severe or not. We have all burned ourselves with hot water at one time or another. Was the school negligent in allowing access to hot water? Maybe not. If it was scalding water, then perhaps so. Was it a first degree burn that stopped hurting after a few hours or a day or so? or was it a second degree burn? If you decide to file a claim, if the school is a public school, you first have to file a tort claim with the school within six months of the incident. This may be extended since your child is a minor, but I am not positive. You can obtain the tort claim papers from the school district. If it is a private school, the tort claim is not a prerequisite. If the damages were nominal, you can sue in small claims court, but you still may need to file a tort claim. An attorney can ascertain and explain the process to you.
Answered on May 24th, 2011 at 11:22 AM
If his injuries were serious enough, you may have a claim worth pursuing.
Answered on May 24th, 2011 at 11:12 AM