What is a school's responsibility for a serious personal injury?

The school could be responsible for your daughter's medical bills and other damages. Do you know anything more about the gym teacher? Was there a history of kids getting hurt in this gym class? How high were the hurdles? These are just a few of the questions that I have. It would be much easier to talk to you on the phone about your daughter's case.

Due to the serious nature of your daughter's injury, you may want to schedule an appointment with an attorney to look into this further. Schools are frequently provided with immunity for certain actions but they can be held responsible for their actions, depending on the facts of the case. I believe the nature of your daughter's injuries warrant further investigation/research.

Potentially yes, however, it will depend upon a lot of factual issues that must be resolved. Consult with a negligence lawyer and see if they will take you daughter's case. That will be the first stumbling block and after that whether they can identify any negligence on the part of the PE teacher when dealing with inexperienced teens. Good luck.

School and teacher definitely have some responsibility. They should have a claim form for you to submit. If principal does not have it, check with the Board of Education.

There is certainly an argument to be made that the teacher was negligent in "goading" your daughter into doing something which he or she should have known she was incapable of doing. Most likely the school will not pay for the medical bills because they do not want to appear to be admitting fault. You can certainly ask them to do so. However, you will probably have to hire an attorney to threaten to file a lawsuit to recover damages.

The issue is whether the instructor was negligent in allowing her to try the high hurdles, or whether there was something inherently dangerous about the equipment or the track. Odds are that you wouldn't be able to show either of those circumstances.Nevertheless, the school insurance may well have some "medpay" coverage that would help you with your bills.You should contact the school administration and inquire about that.Also, if you want to pursue an actual claim, you'll need to put the school on notice, in writing, within 180 days of the injury.

While suing a school is difficult, with government immunity, it can be done and this sounds like the case to investigate further. I would be happy to discuss the matter with you.

This is not a case where liability is absolute. There are cases where liability is so clear, we call it absolute. One example is where a car rear ends another, or runs a red light, striking another car. In most such cases, liability is clear or absolute and the only question is how much are the damages. It is difficult to get a school or business to pay medical bills were liability is not clear without filing a lawsuit. Schools are not liable for most injuries that occur during sports activities. You would have to show that the school was somehow negligent in setting up and supervising the activity. You would probably need an expert witness to give an opinion that having a student attempt hurdles without some training or prior testing to ascertain the student's ability is negligent and poses a danger. There are experts in the field of sports and physical education. I cannot say whether this as negligent as I am not such an expert. If you know a track coach from another school, you might ask if what the teacher did violates safety principles for this activity to get an idea if the teacher was negligent. My guess is that it wasn't negligent because even good hurdlers will occasionally trip over the hurdle an fall. Falling is an inherent danger in this activity as it is in most sports. Now, if your daughter has some medical condition of which the teacher was aware that makes it more likely to fall, or more likely that she would break her leg if she fell, this might create liability. If your daughter has no permanent impairment as a result of the injury, it is probably not worth looking into as the cost of going to trial may exceed your portion of the medical bills. By the way, I am assuming that the school has no insurance to cover this type of injury in cases where they would not be liable in court. This is often called "Med Pay" insurance. You may want to check into whether they have such insurance.

You should definitely consult with a lawyer to look into this in more detail. Let me warn you right off the bat, that in order to sue a school district under New York Law you first must file a Notice of Claim within ninety days of the accident. So waste no time in consulting with an attorney. Basically, if the PE teacher should have known that you daughter was not fit enough or possessed of enough talent to attempt the hurdles, then the teacher and the School District might be liable for all costs of treatment and for conscious pain and suffering sustained by your daughter. The District probably also has medical payments coverage which should pick up some of the costs of treatment. You should definitely consult with an attorney. I can help you find one anywhere in the Country if you are unable to. I am only admitted to practice in New York State and cannot practice law myself in any other State. All claims have time limits. In new York they are, general: three (3) years for personal injury and property damage actions, two and one half (2 ) years for medical malpractice claims, two (2) years for wrongful death, one (1) year for an intentional wrongdoing, six (6) years for contract claims, but four (4) years for sales of goods under the Uniform Commercial Code, and four (4) months to challenge an action or decision of a government body, department or agency. However, in a claim for personal injury or property damages, if any person or entity at fault is affiliated with a municipal or other government department, agency or facility, then you may be required to file a notice of claim within ninety (90) days and then commence a lawsuit within one (1) year and ninety (90) days, but sometimes within one (1) year. These time limits have exceptions. Never sit on your rights!

I suggest you file a tort claim with the school district (assuming its a public school). Call the district office and ask for the form. This must be filed within six (6) months from the date of the injury or you will have forever waived your right to make a claim. There are a few exceptions and you would need to speak with an attorney if it has been longer than six months. If they reject your claim, you then have the right to sue the school. This will be a difficult case because unless there is gross negligence on the part of the school or a staff member, they are generally immune from liability for getting hurt in a sports activity.

Due to the complexity of the injury involving your daughter and to determine whether the school is possibly liable, you need to set up an office conference and consult with a personal injury/accident attorney.

Question is always what is reasonable. If what the coach did was unreasonable and the kids had no proper training or instruction, then perhaps yes. But you must understand that kids sometimes get hurt on the playground. I ran low hurdles when I was in high school and if I had fallen I don't think I would have thought the school was at fault. There is a certain element of risk in any sports activity and I am not sure the school system can guarantee that no one will ever be hurt.

Your personal injury law question is fairly complicated. Every state has different rules concerning school liability and there are even further differences on a county by county basis. A lot depends on what type of insurance the local school board purchases. Some policies have coverage for medical expenses. You should contact your school to see what help is available. You may also want to contact the school board's attorney. The potential for an injury claim under the facts you have provided does not appear to be great. Usually, gross negligence is required if a successful claim is to be presented. But again, every state is different and you should consult an experienced attorney in your area to determine what options you have.

First, did you sign any kind of waiver before she participated in physical education? Second, just because she was injured at school does not make them responsible; if this was a typical activity in which all students participated, then I don't see how the school would be responsible. In order for the school to be responsible, they must be negligent, and negligence is legally defined as a failure to use reasonable care, either doing something a reasonable person wouldn't do or failing to do something a reasonable person would do. You can certainly call a personal injury attorney in your geographical area and see what they advise you. Most PI attorneys work on a contingent fee basis and shouldn't charge you anything for a consultation.

You may have a case, but I'd have to talk to you about it. I'm handling a very similar case against a private school right now.

Claims against a school or school district are difficult in Texas, due to many immunities granted by statute. That said, there are some exceptions, and your case may fall into that category. The only way to know for sure is to sit down with an attorney experienced in these kind of claims and discuss your case in more detail.

The school may have some medical payments insurance coverage available. Unless she was forced against her will, then there's not likely a claim there. A complaint about the teacher to the School Board could be warranted.

Your daughter may have a suit for pain and suffering. Feel free to contact me. If its a public school there are prerequisites.