QUESTION

Who is responsible for the medical bills of a child who had a head injury in school, the school or the parents of the child that caused the injury?

Asked on Apr 05th, 2013 on Personal Injury - Florida
More details to this question:
When a child gets a head injury at school during school hour, especially a big open wound head injury, shouldn't they call the paramedics for immediate medical attention no matter what?
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6 ANSWERS

Ronald A. Steinberg
the school MUST provide the child with prompt medical care. However, unless the teacher caused the injury, or unless there was some major problem with the school building which caused the injury, you probably cannot sue or collect from the school. If your kid was hurt by another kid, then the parents of the other kid MAY be responsible.
Answered on Apr 10th, 2013 at 12:27 AM

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James Eugene Hasser
It depends on what happened. You don't give enough facts to make that determination. Public schools are typically immune from lawsuit under the 11th Amendment to the Constitution. It's not likely the school would have any liability unless you can show your child was hurt because a school official responsible for your child's safety violated a law, regulation or rule. With regard to the parents of the other child, you would have to show that they were negligent in some way. With regard to the other child, you would have to show he or she was at fault and your child wasn't. Hope that helps.
Answered on Apr 05th, 2013 at 12:09 PM

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Common sense says "call the paramedics" immediately and sort out the responsibility after the fact. Check with the school board to determine what their rules say to do in order for the district to avoid liability for lack of supervision and/or failure to protect a child after he or she has been injured.
Answered on Apr 05th, 2013 at 11:45 AM

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Calling the paramedics sounds reasonable. Of course, some kind of medical attention is required. I would advise making a claim against the school district and against the parents of the child who caused the injury. Demand information about insurance coverages.
Answered on Apr 05th, 2013 at 11:18 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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I assume every school has a policy of proper care for any injured child. As far as who pays the bills, why should anyone else pay the bill? Parents are not responsible for the torts of a child. And children are not old enough to be responsible that is why we call them children.Take care of your own.
Answered on Apr 05th, 2013 at 9:48 AM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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The homeowner's insurance of the child who caused the injury will most likely pay for it, so get the parents of the child who caused the injury to give you the name of their homeowners insurance.
Answered on Apr 05th, 2013 at 9:23 AM

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