Can I sue if my child was injured at school? 20 Answers as of May 05, 2011

My son fell and at school and cracked his permanent two front teeth. Can I sue them for neglect? I was not notified and they failed to follow appropriate protocol regarding the incident. He is a special needs kid with a disability and he is not able to walk and utilizes a walker. I feel his safety was compromised. The school specializes for kids with health impairments. I also work at his school in the lunchroom. My son told me that his mouth was hurting because he fell. His teacher assistant personally told me that he did fall face down but she could not get to him. He is supposed to be supervised at all times and requires assistance. She was not aware that his teeth were cracked. I was upset because she failed to report the incident and my son was in pain.

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
You need to talk to a lawyer in your area with some specialty in the field of school cases. There are significant immunity issues to deal with. I am sorry about your child's injury. Contact your local Bar Association to ask for a referral to a lawyer with experience in that field. Stay well.
Answer Applies to: Alabama
Replied: 5/5/2011
David F. Stoddard
David F. Stoddard | David F. Stoddard
I do not think a suit for failure to notify you or follow protocol after the accident has much merit because it probably did not add much if anything to your child's damages. You could sue the school for negligence if you can prove they were negligent. From your description, there may not be any negligence. I understand that someone is to be with your son at all times, but that may not mean they have to be so close as to avoid a fall.
Answer Applies to: South Carolina
Replied: 5/3/2011
Patrick M Lamar Attorney
Patrick M Lamar Attorney | Patrick M Lamar
If the school was private, yes you can sue. If a public school, it is unlikely you can. Almost all schools are regarded as state entities and are immune.
Answer Applies to: Alabama
Replied: 5/3/2011
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Surely you can make a claim (sue) . you will have to prove that he was neglected. You will need medical (or dental) testimony if you expect to prove your damages. Just being irritated because you were not notified is not really germane.
Answer Applies to: North Carolina
Replied: 5/3/2011
Wilson & Hajek, LLC
Wilson & Hajek, LLC | Eddie W. Wilson
If the school has insurance you can bring a suit for the actual injuries. If no insurance a school is able to plead governmental immunity in most states.
Answer Applies to: Virginia
Replied: 5/3/2011
    Ramunno & Ramunno, P.A.
    Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
    Most of your questions involve the lack of care, concern and communication by the school. But, it appears that those problems did not cause any additional injuries.

    You need to determine how and why the accident occurred and what the school did wrong. You indicated that there was a lack of supervisor but did that cause the accident? Or in other words: if there was more supervision would that have prevented the accident? Also, how much supervision is the school obligated to give to each student? There may also be some issues of immunity from liability . Therefore, you should discuss with your son, the school, witnesses and a lawyer, as to what you can prove.
    Answer Applies to: Delaware
    Replied: 5/3/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    It is difficult to answer this question as there is not much detail. Is this a private school or public school? Is the level of care contractually mandated? Is the protocol you refer to documented in writing as to what they should have done? If so, you may have a breach of contract claim and you may have a negligence claim as well. If the school is government operated, you would have to file a tort claim first within six (6) months of the incident.
    Answer Applies to: California
    Replied: 5/2/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    Yes, hire a personal injury lawyer.
    Answer Applies to: Tennessee
    Replied: 5/2/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    You need to speak to an experienced negligence attorney to see if they will take your case for your son. The case is too fact intense to offer a full answer here. It will depend upon whether such an attorney will take your case or not.
    Answer Applies to: New York
    Replied: 5/2/2011
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You may have a case, based upon the information that you have supplied. We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you. Thank you for your email, and we look forward to hearing from you.
    Answer Applies to: Illinois
    Replied: 5/2/2011
    Kirshner & Groff
    Kirshner & Groff | Richard M. Kirshner
    Depends if they contributed in anyway to cause the fall or should have been able to prevent it.
    Answer Applies to: Florida
    Replied: 5/2/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    It can be hard to recover against schools. You should talk to local injury attorney.
    Answer Applies to: Alabama
    Replied: 5/2/2011
    Ron Graham Attorney at Law
    Ron Graham Attorney at Law | Ron Graham
    I think this a difficult case you would have to show the school did something that amounted to negligence.
    Answer Applies to: Ohio
    Replied: 5/1/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    If the school failed to follow its own protocol then that can be used against the school as evidence of negligence. I would approach the school before threatening to sue them, and then only sue them if they refuse to do the right thing. In Florida, there are hoops you have to jump through before suing a governmental entity, and there is a requirement that you send them notice of your intent to pursue a claim within 3 years, although the statute of limitations is still 4 years. Go see a lawyer if the school won't pay. J
    Answer Applies to: Florida
    Replied: 5/1/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    You can sue. There are some immunities for schools but if we can show negligence there is a basis for suit.
    Answer Applies to: Pennsylvania
    Replied: 5/1/2011
    David B. Sacks, P.A.
    David B. Sacks, P.A. | David Sacks
    Depending on the jurisdiction you are and whether the school is a public or private school, the damages that may be available might be limited somehow, but yes, you can sue the school for negligence. It would appear that the school officials knew your child needed supervision at all times and apparently there was such a lack of supervision the school was either not even aware your child fell, or ignored it. You can call me to discuss these issues further.
    Answer Applies to: Florida
    Replied: 5/2/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    Its not so much what happened after the accident but what caused it. Was there a tripping hazard that the school had notice of? Is this a public school? If so, you need to serve a notice of claim within 90 days of the accident to preserve your right to sue. I am a former state and federal prosecutor and now handle personal accident cases so feel free to check out my web site and contact me to discuss the case.
    Answer Applies to: New York
    Replied: 5/2/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    I cannot tell from your post if you/yourson could successfully pursue a suit against the "school". I suggest that you contact a personal injury attorney who regularly pursues such claims. Contact your local (county) bar association and ask if it operates a referral service. Make sure to inform the service you need an attorney who handles claims against schools for negligence.
    Answer Applies to: California
    Replied: 5/1/2011
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